People v. Martinez CA2/2

BACKGROUND

The 2013 murder conviction In 2013 a jury convicted defendant of first degree murder with findings that a principal personally used and intentionally discharged a firearm causing great bodily injury or death and that the crime was committed for the benefit of a criminal street gang. The trial court sentenced defendant to a term of 50 years to life in prison. On direct appeal, we affirmed the judgment in People v. Martinez (Dec. 10, 2014, B253468) (nonpub. opn.) (Martinez I).2 Trial evidence At the time of the murder, both defendant and his codefendant Francisco Gutierrez were active members of the Playboys gang, and the victim Angel Bautista was a member of a rival gang. Bautista and a friend were waiting outside a market one evening in August 2007, when defendant approached, issued

All further statutory references are to the Penal Code, unless otherwise indicated. We summarize procedural history and trial evidence from Martinez I, as did the parties.

2 a gang challenge and then fought with him. Gutierrez, wearing black clothing and a black ski mask, emerged from the passenger side of a sports utility vehicle (SUV) belonging to defendant and fatally shot…