Martinez

By way of an information filed on December 20, 2011, the Monterey County District Attorney charged Gabriel Antonio Martinez (appellant) with one count of murder (Pen. Code, § 12022.7; count one, victim Lisa Groveman), one count of involuntary manslaughter (Pen. Code, § 192, subd. (b); count two, victim Lisa Groveman), and three counts of selling, transporting, or furnishing a controlled substance (hereafter furnishing). (Health & Saf. Code, § 11352, subd. (a); count three, methadone, count four, hydrocodone, and count five, methadone.) Attached to both count three and count four was a personal infliction of great bodily injury (GBI) enhancement (Pen. Code, § 12022.7) for victim Lisa Groveman.

Before trial, appellant waived his right to a jury trial in return for the prosecution’s agreement to dismiss count one (murder) and a stipulated sentence of no more than 11 years eight months in state prison if the court found him guilty; the parties agreed that appellant could be sentenced on only one of the GBI enhancements since the two counts to which the GBI enhancements attached related to one victim. Appellant agreed to waive his Penal Code section 654 rights as to…