People v. Martinez CA2/1

BACKGROUND

In 2005, a jury convicted defendant of first degree murder and found that in the commission of the murder, he used and discharged a firearm within the meaning of section 12022.53, subdivisions (b), (c), and (d). The jury also found true a dangerous weapon allegation under section 12022, subdivision (b)(1), and defendant admitted two prior felony convictions under section 667.5, subdivision (b). The record on appeal does not include the background facts describing the murder.2 The original trial court sentenced defendant to 25 years to life for the murder and an additional 25 years for the personal

Undesignated statutory citations are to the Penal Code. Although the parties on appeal refer to the opinion from defendant’s appeal from the judgment of conviction (People v. Martinez (Mar. 22, 2006, B181429) [nonpub. opn.]), the opinion is not included in the record and it does not appear the trial court considered it.

2 discharge of a firearm enhancement. The original trial court also sentenced defendant to one year for a section 12022, subdivision (b) enhancement and one year for a section 667.5, subdivision (b) enhancement. The parties agree defendant’s case was…