Martinez

Defendant, Roman Camacho Martinez, was convicted by jury of one count of second degree murder (Pen. Code, § 187) and one count of assault by means of force likely to produce great bodily injury and with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). An allegation that defendant had personally used a knife in commission of the murder was found to be true. (Pen. Code, § 12022, subd. (b).)

The court denied defendant’s motion for a new trial and he was referred to the California Youth Authority for diagnostic study pursuant to Welfare and Institutions Code section 707.2. Probation was thereafter denied and defendant was sentenced to state prison for a period of 15 years to life for the murder, plus 1 year for the use allegation. He was also sentenced to the concurrent high term of four years on the assault. Pursuant to Welfare and Institutions Code section 1731.5, the defendant was ordered housed at the California Youth Authority. Defendant was credited with 745 days in custody, including 248 days good time/work time.

Defendant contends that the court erred in failing to give certain jury instructions, that there was prosecutorial misconduct and that the trial court…