People v. Martinez CA2/6

Facts Ginie Samayoa was found dead, sitting in the driver’s seat of her car with a single gunshot in the back of her head. The car’s engine was still running and it was parked in an alley behind the apartment building where she had been living. About 30 minutes before her body was discovered, neighbors saw Samayoa leave the building with appellant, co-defendant Raul Tiscareno and Michael Bonfiglio. Another neighbor saw the group get into Samayoa’s car. Samayoa had been supporting herself by using a laptop computer to make fraudulent credit cards and gift cards. Bonfiglio, who was acquainted with Samayoa through his girlfriend, wanted Samayoa to give him a computer and the software that allowed her to create the cards. She told a neighbor that she was not going to give him the computer. After Samayoa’s death, a friend told investigating officers the only item missing from her apartment was her laptop.

2 Effective June 30, 2022, section 1170.95 was renumbered as section 1172.6 with not change in text. (Stats. 2022, ch. 58, § 10.) We will refer to the statute as section 1172.6.

2 Samayoa’s cell phone showed that she received 18 calls from Bonfiglio’s girlfriend on the morning of…