Martinez
People v. Martinez
Opinion
Opinion
A jury found Jose Jimenez Martinez guilty of one count of assault with intent to commit rape (Pen. Code, [1] § 220), two counts of robbery (§ 211), three counts of attempted robbery (§§ 664/211), and five counts of assault with a deadly weapon and by means of force likely to produce great bodily harm (§ 245, subd. (a)(1)). Martinez was also found to have personally used a dangerous or deadly weapon as to all except the aggravated assault counts, to wit, a knife (§ 12022, subd. (b)); and to have personally inflicted great bodily injury upon all of the victims except Miguel Quiroz (§ 12022.7).
Martinez and all of the victim witnesses speak only Spanish and require the use of an interpreter. Separate interpreters were provided at trial and during the preliminary hearing. Also, counsel for the defense spoke Spanish.
During the trial, two of the victim witnesses were deemed unavailable and a videotape of their preliminary hearing testimony was played to the jury (victims Meliton Garcia Larate and Miguel Quiroz).
The court sentenced Martinez to prison for twenty-one years, as follows: an aggravated six-year term for assault with intent to commit rape…