People v. Martinez CA2/4

INTRODUCTION

By information, the People charged Alejandro Espinoza Martinez and Edgar Esequiel Espinoza with the murder of Marco Reyes (§ 187, subd. (a)) and shooting at an occupied motor vehicle (§ 246).1 The information alleged gang enhancements (§§ 186.22, subd. (b)(1)(C) & 186.22, subd. (b)(4)) and firearm enhancements (§ 12022.53, subds. (b), (c), & (d)). The two defendants were jointly tried but, pursuant to stipulation, separate juries were empanelled for each defendant. One jury convicted Martinez of first degree murder and shooting at an occupied motor vehicle and found all enhancements to be true. The trial court sentenced him to a term of 50 years to life. The other jury could not reach a verdict on Espinoza’s guilt. The court declared a mistrial and Espinoza later entered into a negotiated disposition of his case. In this appeal, Martinez (defendant) contends primarily that the evidence is insufficient to sustain his convictions and the jury’s finding on the gang enhancement. We conclude that substantial evidence supports the jury’s verdicts. Secondarily, defendant urges, and the Attorney General agrees, that the matter must be remanded to the trial court because it…