People v. Martinez CA4/2

INTRODUCTION

Defendant Michael Martinez appeals from judgment entered following jury

convictions for attempted murder (Pen. Code, §§ 664 and 187;1 counts 1 and 2), robbery

(§ 211; count 3), assault with a deadly weapon (§ 245, subd. (a)(1); counts 4 and 5)),

making criminal threats (§ 422; counts 6), and dissuading a witness from testifying at

trial (§ 136.1, subd. (a)(1); count 7). The jury also found true allegations that defendant

inflicted great bodily injury (GBI) as to counts 1, 2, 4 and 5 (§ 12022.7), and used a

deadly weapon as to counts 1 through 5 (§ 12022, subd. (b)). In addition, defendant

stipulated he had two strike priors and two felony priors (§§ 667.5, subd. (b), 667, subds.

(a), (c), (e)(2)(A), and 1170.12, subd. (c)(2)(A)). The trial court sentenced defendant to a

determinate sentence of 18 years and a consecutive indeterminate sentence of 75 years to

life.

Defendant contends there was insufficient evidence to support the jury’s finding of

premeditation and deliberation as to his convictions for attempted murder (counts 1 and

2). Defendant also contends there was insufficient evidence to support his count

conviction, incorrectly alleged as…