People v. Martinez CA2/4

INTRODUCTION

Emilio Martinez appeals from a judgment and sentence, following his conviction for second degree murder. He contends the trial court abused its discretion when it admitted two photographs showing the victim’s wounds. Finding no reversible error, we affirm.

PROCEDURAL HISTORY

A jury convicted appellant of second degree murder (Pen. Code, §187, subd. (a)), and found true the allegation that he personally used a deadly weapon (Pen. Code, § 12022, subd. (b)(1)). Appellant was sentenced to 16 years to life in state prison, calculated as an indeterminate term of 15 years to life, plus one year for the weapon enhancement.

FACTUAL BACKGROUND

A. Prosecution Case Between 2012 and 2013, appellant lived in the garage of a house in the City of Montebello. Reynaldo Vellan and Carmen King lived in the main part of the house. Appellant told his son, Eric Martinez (Eric), that appellant and Ms. King were likely to inherit $800,000 from Vellan, who had suffered a stroke. Appellant also told Eric that King had a gambling habit. On February 17, 2013, King’s daughter, Margarita Delgado, received several telephone calls from her mother. During one of the calls, Delgado heard…