People v. Martin CA2/2

BACKGROUND

Procedural history The second amended information charged defendant with the murder of Michael John Schmid (Schmid) in violation of Penal Code section 187, subdivision (a).1 The information further alleged that in the commission of the crime, defendant personally used a deadly weapon (knife) within the meaning of section 12022, subdivision (b)(1). It was also alleged pursuant to the “Three Strikes” law (§§ 1170.12, subd. (a)-(d), 667, subd. (b)-(i)), and for purposes of section 667, subdivision (a)(1), that defendant suffered a robbery conviction in violation of section 211 in 1993. In addition five prior convictions with prison terms were alleged, pursuant to section 667.5, subdivision (b). A jury convicted defendant of the murder, found it to be in the first degree, and found true the allegation that defendant had used a deadly weapon in the commission of the crime. Defendant admitted the prior robbery conviction and three prior prison terms. On October 25, 2012, the trial court sentenced defendant to a total of 59 years to life in prison, comprised of 25 years for the murder, doubled as a second strike, plus a consecutive one-year term for the use of a knife, five…