People v. Martinez CA1/3

Filed 3/25/15 P. v. Martinez CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A136828

v. CHRISTOPHER MICHAEL MARTINEZ, (Sonoma County Super. Ct. No. SCR589717) Defendant and Appellant.

Defendant Christopher Michael Martinez was convicted by a jury of burglary of an occupied dwelling and misdemeanor vandalism. The prosecutor pursued the burglary charge on the theory that defendant entered the dwelling with intent to rape the occupant, whom we refer to as Jane Doe. On appeal, defendant argues that the court erred by excluding evidence of an earlier incident involving Jane Doe in which she displayed an angry outburst while intoxicated. He also contends there is insufficient evidence to show that he intended to rape…