Martin

A jury convicted defendant Luis Martin of one count of first degree murder (Pen. Code, § 187, subd. (a)) and found that he personally used a firearm in committing the crime (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)). Having been sentenced to a term of 35 years to life in prison, he appeals.

The sole issue on appeal is defendant’s contention that his constitutional rights were violated when the police arranged for his girlfriend to secretly record inculpatory telephone conversations while he was represented by counsel, in violation of his constitutional right to counsel, as stated in Massiah v. United States (1964) 377 U.S. 201 [ 84 S.Ct. 1199 , 12 L.Ed.2d 246 ], and its progeny.

Facts

Defendant Martin is one of the owners of Value Produce, a wholesale grocery company in downtown Los Angeles. In 1998, he offered a job to the victim, Jose Ramon. Mr. Ramon was the boyfriend of Maricela Vargas. Ms. Vargas was a friend of Celia Camolinga, defendant’s girlfriend.

Mr. Ramon was last seen at work at Value Produce between 3:00 a.m. and 3:15 a.m. on November 25, 1998. His body was found at five minutes before 6:00 a.m. on the same morning on a foggy road in Chino. He had…