Martinez

Defendant and appellant, Anthony Joseph Martinez, appeals from the judgment entered following his conviction, by jury trial, for special circumstance first degree murder (by means of discharging a firearm from a motor vehicle), five counts of attempted premeditated murder, and assault on a peace officer, with enhancements for principal armed, firearm use, inflicting death by discharging a firearm from a vehicle, and prior prison terms (Pen. Code, §§ 187/190, subd. (a)(21), 664/187, 245, subd. (c), 12022, 12022.5, 12022.55, 667.5). Defendant and appellant, Jose Luis Salazar, appeals from the judgment entered following his conviction, by jury trial, for second degree murder and five counts of attempted premeditated murder, with a principal armed enhancement (§§ 187, 664/187, 12022). Martinez was sentenced to a prison term of life without the possibility of parole, plus 20 years to life. Salazar was sentenced to a prison term of 17 years to life plus life.

Defendants contend: the special circumstance for discharging a firearm from a vehicle is unconstitutional; there was insufficient evidence to support the attempted premeditated murder convictions; the jury instructions…