People v. Martinez CA2/2

BACKGROUND

Procedural history Defendant and codefendant Francisco Gutierrez (Gutierrez) were jointly charged with the murder of Angel Mendoza Bautista (Bautista), in violation of section 187, subdivision (a).1 In addition, the information alleged pursuant to section 186.22, subdivision (b)(1), that the crime was committed for the benefit of, at the direction of, and in association with a criminal street gang, and that a principal personally discharged a firearm causing death within the meaning of section 12022.53, subdivisions (b), (c), (d), (e), and (e)(1). Also, the information alleged that defendant had suffered a prior serious or violent felony for purposes of both section 667, subdivision (a)(1), and which constituted a “strike” under the “Three Strikes” law (§§ 667, subd. (b)-(i), 1170.12, subd. (a)-(d).) Defendant and Gutierrez were tried together. A jury found them both guilty of murder as charged and found true the gang and firearm allegations.2 The prosecution declined to proceed on the prior conviction allegations, and on December 18, 2013, the trial court sentenced defendant to life in prison with a minimum parole eligibility period of 25 years for the murder, plus a…