In re Martinez CA3

FACTS

Substantive Facts Because petitioner entered a negotiated plea agreement, the facts are taken from the transcript of the preliminary hearing and the probation report. Justin Spencer and Shawn Myers rented a house from Gaylen Eslinger in Shasta County. Fearful that petitioner was going to kill Spencer because petitioner believed Spencer had stolen a large amount of money from her, Spencer and Myers vacated the house for a couple of months in the fall of 2009. On November 24, 2009, their friend, Susan Gilbert, was packing their personal belongings when four trucks pulled up to the house. Gilbert called the police and told them “there were people there vandalizing the residence and causing a disturbance.” She provided two license plate numbers, one registered to petitioner and another to her husband. She left the residence as soon as the disturbance began. She was too afraid to meet with the investigating police officer and provided no information apart from her initial phone report. She did not testify at the preliminary hearing. The reporting officer did not meet with Spencer and Myers until January 14, 2010. They eventually reported a loss of $24,120 in stolen and damaged…