P.

Filed 3/5/13 P. v. Martinez CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D058929

Plaintiff and Respondent,

v. (Super. Ct. No. SCD224457)

DARREN MARTINEZ et al.,

Defendant and Appellant.

APPEALS from judgments of the Superior Court of San Diego County, Robert F.

O'Neill, Judge. Affirmed with directions.

A jury convicted Darren Martinez and Hector Martinez of first degree murder

(Pen. Code,1 § 187, subd. (a); count 1); assault with a semi-automatic firearm (§ 245,

subd. (b); count 2); and assault with force likely to cause great bodily injury (§ 245,

All statutory references are to the Penal Code unless otherwise stated. Appellants are not related by blood; we…