People v. Frenes CA4/2

I.

INTRODUCTION

Defendant and appellant, Martin Frenes appeals from the judgment entered 1 following jury convictions for first degree murder (Pen. Code, § 187, subd. (a) ; count 1)

and robbery (§ 211; count 2). The jury also found true as to count 1 that defendant

personally and intentionally discharged a firearm and proximately caused great bodily

injury and death (§ 12022.53, subd. (d)). The jury also found true as to count 1 the

special circumstances of intentionally killing a witness to prevent his testimony in a

criminal proceeding (§ 190.2, subd. (a)(10)), and intentionally killing the victim in

furtherance of the defendant’s criminal street gang (§ 190.2, subd. (a)(22); § 667.5, subd.

(a)(22)). As to count 2, the jury found true that defendant personally used a firearm (§

12022.53, subd. (b)). In a bifurcated proceeding, the trial court found true that defendant

had a prison prior and a strike prior (§§ 667, 667.5, subd. (b)). The trial court sentenced

defendant to a determinate prison term of 26 years for robbery, and a consecutive

indeterminate term of life without the possibility of parole for murder.

Defendant argues the following on appeal: (1) The trial…