Martinez

People v. Martinez

Good Law
1997 Cal. App. LEXIS 233·53 Cal. App. 2d 1212·53 Cal. App. 4th 1212·62 Cal. Rptr. 2d 303·97 Daily Journal DAR 4123
Court of Appeal of CaliforniaMarch 27, 1997F024794California3,451 words

Opinion

Opinion

Vartabedian, J.

Daniel Perez Martinez was convicted of arson (Pen. Code, § 451), two counts of attempted arson (§ 455), and two counts of making terrorist threats (§ 422). In addition, it was found he suffered a prior conviction within the meaning of section 667. Defendant appeals, claiming there is insufficient evidence to support the terrorist threat convictions. He also claims the trial court erred in admitting evidence of his prior conviction of making a terrorist threat. We affirm.

Facts

Defendant and Ramona Garcia had an on-again, off-again, boyfriend-girlfriend relationship for four to five years. On May 2, 1995, defendant was living with Ramona. That day, Ramona was working at Kern Medical Center, pulling weeds from the exterior landscaping; she was supervised by Robert Iorio. Defendant came by to see Ramona and help her with her work.

lorio saw defendant talking with Ramona and asked defendant to leave because he did not want Ramona to be bothered while she was working. Defendant said he would leave in a few minutes. lorio walked away. Five to ten minutes later, lorio saw that defendant was still talking to Ramona. lorio walked back and defendant said to him, “I’ll leave.”…

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