Martinez

Niki Lynn Martinez appeals her convictions of murder (Pen. Code, § 187, subd. (a)) and attempted murder (§§ 187, subd. (a), 664) and findings the murder was committed in the attempted commission of a robbery (§ 190.2, subd. (a)(17)); she inflicted great bodily injury in the commission of the attempted murder (§ 12022.7, subd. (a)); she personally used a firearm in both crimes (§ 12022.5, subd. (a)); and inflicted great bodily injury or death by discharging a firearm from a motor vehicle (§ 12022.55) in both crimes.

On appeal, Martinez contends the court erred in admitting her statement to the police that she had shot at people, erred in refusing a limiting instruction regarding the statement and erred in finding she was ineligible for a California Youth Authority commitment. She also contends her counsel was incompetent in failing to object to the presentation of certain rebuttal witnesses. We affirm.

Facts

On May 1, 1994, Martinez arranged to get a ride home from her job with James Cusick. Martinez had known Cusick for about three months; he wanted her to be his girlfriend but she had said “no." When Cusick picked her up after work in a truck, there was a man in the…