People v. Martinez CA3

BACKGROUND

A. Trial In March 1999, defendant was charged with the murder of Vincent Lefebre (§ 187—count 1), the attempted willful, deliberate, premeditated murder of Armando Posada (§§ 664, 187, subd. (a)—count 2), and street terrorism (§ 186.22, subd. (a)— count 3). For count 1, it was alleged that defendant discharged a firearm from a motor vehicle causing great bodily injury and death (§ 12022.55); for counts 1 and 2, it was alleged that he personally used a firearm (§ 12022.5, subd. (a)), and that the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). A jury found defendant guilty of all counts, with count 1 being first degree murder; it also found the gang enhancements true but found the firearm discharge and personal use allegations not true. He was sentenced to state prison for an determinate term of three years plus consecutive indeterminate terms of 25 years to life, and life with possibility of parole. Defendant appealed, and we affirmed the judgment in an unpublished decision. (People v. Martinez (Oct. 16, 2000, C033598) [nonpub. opn.] (Martinez).) The facts underlying defendant’s offenses, as recounted in Martinez, were as…