Martinez

People v. Martinez

Good Law
193 Cal. App. 3d 364·1987 Cal. App. LEXIS 1901·238 Cal. Rptr. 265
Court of Appeal of CaliforniaJuly 3, 1987B015541California3,512 words

Opinion

Opinion

Gilbert, J.

Evidence that a brutal murder was committed because of jealousy may support a first degree murder conviction if the murder was the product of planning and premeditation. Substantial evidence supports the first degree murder conviction of Ernest Vincent Martinez, Jr.

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Facts

Ernest Vincent Martinez, Jr., and Julie Ann R. had lived together in a studio apartment for about five weeks. On Christmas Eve, 1984, they walked to a party, which was about a mile away from their apartment. At the party they both drank beer and quarrelled. Julie Ann R. became noticeably drunk. Early in the evening, Martinez left the party and visited Joseph Gonzales, a friend working at a local restaurant. Martinez invited Gonzales to visit him at home when Gonzales got off work at 12:30 that night. Martinez then left a second time at about 11:30 p.m. to buy beer.

While Martinez was out buying beer, Julie Ann R. began walking home alone, although she had difficulty because of her inebriated state. William Meyers, who had met Julie Ann R. that night offered her a ride home in his car. Julie Ann R. accepted, and brought Meyers into the apartment she shared with Martinez. Soon they were…

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