People v. Martinez CA6

FACTS

The jury received the following evidence regarding the circumstances of the charged crimes: Shortly before midnight on September 27, 2012, San Jose Police Department Officer Kevin McClure heard a revving engine and squealing tires. He saw a Honda automobile turn toward his patrol car and then away from it into an alley. He followed it and discovered it parked, with two individuals running away from it. He apprehended defendant, who, when he first spotted him, was some 15 feet from the driver’s side of the car. An expert witness on criminal street gangs, Santa Clara County District Attorney’s Office Investigator Michael Whittington, testified that the area surrounding the intersection near which the officer apprehended defendant is a “stronghold” for the Sur Santos Pride subdivision of the Sureño criminal street gang. A key fell from defendant. Officer McClure described it as a shaved key—one modified in order to open car doors and turn on ignition systems. He arrested defendant for possessing a burglary tool. In searching him, he found another modified key and a factory vehicle key in a pocket.

2 Defendant spoke voluntarily and denied having been in the Honda, which turned…