People v. Sierra CA1/1

BACKGROUND

Defendant was charged by third amended information with first degree murder with kidnapping special circumstances (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(17)(B))1; kidnapping (§ 207, subd. (a)); and possession of a

All further statutory references are to the Penal Code unless

otherwise indicated.

1 controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)). Firearm enhancements were alleged as to the first two charges (§12022.53, subd. (d)). Defendant’s post-arrest interview was videotaped and played for the jury. During the interview, defendant stated he had a marijuana business with his “good friend” Jose Martinez: Martinez would trim marijuana obtained from growers and defendant would find the buyers. Around May 2018, the business relationship deteriorated. Martinez was “not comfortable” with defendant and wanted to cut defendant out of the business and continue alone. Defendant, however, felt Martinez owed him a debt from a particular deal involving 109 pounds of marijuana. Martinez said he returned the marijuana because the grower came back, having not been paid. Defendant did not understand, as the marijuana had been trimmed and…