People v. Martinez CA4/1

I.

INTRODUCTION

A jury found Issac Martinez guilty of one count of murder (Pen. Code, § 187, subd. (a))1 and found that the murder was in the first degree. During the trial, the People presented evidence that Martinez committed the murder with a minor, J.M. and that both J.M. and Martinez were members of the same criminal street gang.2 The jury further found that Martinez: (1) committed the offense for the benefit of, or in association with, a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members, within the meaning of section 186.22, subdivision (b)(1); (2) intentionally and personally discharged a firearm and proximately caused great bodily injury and death to a person, within the meaning of section 12022.53, subdivision (d); and (3) was a principal in the murder, and in the commission of the murder, at least one principal personally and intentionally discharged a firearm and proximately caused great bodily injury and death to another person, within the meaning of sections 12022.53, subdivision (d) and 12022.53, subdivision (e)(l).

Unless otherwise specified, all subsequent statutory references are to the Penal…