People v. Martinez CA4/1

I.

INTRODUCTION

Jennifer Nicole Martinez and codefendant Richard Holguin were charged by an

information with two counts of attempted murder (Pen. Code,1 §§ 664 and 187, subd. (a);

counts 1 and 2) and three counts of assault with a firearm (§ 245, subd. (a)(2); counts 3,

4, and 5). The information alleged in counts 1 and 2 that Holguin personally used a

firearm (§ 12022, subd. (b)) and intentionally discharged a firearm (§ 12022.53, subd.

(c)). The information also alleged in count 2 that Holguin discharged a firearm, which

caused great bodily injury within the meaning of section 12022.53, subdivision (d). In

counts 3, 4, and 5, the information alleged that Holguin used a firearm within the

meaning of section 12022.5, subdivisions (a) and (d).

The trial court granted a defense motion for a separate jury and the case was tried

before two juries.2 Holguin's jury found Holguin guilty on the three assault counts, but

was unable to reach a verdict on the two attempted murder counts. Consequently, the

trial court declared a mistrial as to the attempted murder counts. Martinez's jury found

Martinez guilty on all counts. The court sentenced Martinez to eight years…