People v. Martinez CA4/1

I.

INTRODUCTION

In July 2012, a jury convicted James Martinez and Sean O'Neill of the attempted

murders of Robert Romero and Chula Vista Police Department (CVPD) Agent Ricardo

Cruz (Pen. Code, §§ 187, subd. (a), 664)1 (counts 1 and 2, respectively), assault with a

deadly weapon on a peace officer (§ 245, subd. (c)) (count 3), resisting an executive

officer (§ 69) (count 4), and evading an officer with reckless driving (Veh. Code, §

2800.2, subd. (a)) (count 5). The jury also found that Martinez and O'Neill committed

each of the five felonies for the benefit of a criminal street gang, within the meaning of

section 186.22, subdivision (b)(1).

As to count 1, the attempted murder of Romero, the jury found that both Martinez

and O'Neill committed the crime willfully, deliberately and with premeditation, within

the meaning of section 189. The jury also found that each was a principal in the offense,

that at least one principal personally used and discharged a firearm within the meaning of

section 12022.53, subdivisions (b) and (e)(1), and that the firearm caused great bodily

injury within the meaning of section 12022.53, subdivision (d). As to count 2,…