People v. Martinez CA4/1

STATEMENT OF FACTS

Appellate counsel has provided a statement of facts from the probation officer’s report. We think the summary is helpful to provide background for the trial court’s rather brief explanation of its reasons for concluding Martinez was the actual killer. We will adopt the statement of facts as it is set forth in the opening brief. “On November 21, 2003, at approximately 2:15 p.m., the Sheriff’s Department Career Criminal Apprehension Team (CCAT) began surveillance on Michael Sanchez, who was a suspect in a carjacking. Sanchez had been observed in the passenger seat of a vehicle as it drove past a CCAT member who was patrolling in the city of Desert Hot Springs. The vehicle was

2 followed to 17900 Manzana Road and members of the CCAT established a perimeter on the house. Sanchez was seen exiting the vehicle and entering the house. “As CCAT members watched, a Ford Escort arrived at the house. Minutes later, Sanchez was observed exiting the house, getting into the Escort and lying down in the back seat. A female, later identified as Noava Martinez, the defendant, also exited the house and got into the Escort in the driver’s side. She drove the car from in front of…