People v. Martinez CA2/3

BACKGROUND

As the facts of Martinez’s crimes are largely irrelevant to our analysis, we summarize them only briefly.2 On the evening of July 22, 2001, a woman who was in her backyard in Downey heard two gunshots. She peered into the alley behind her yard and saw two men “ ‘casually’ ” walking

1 References to statutes are to the Penal Code. Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.) 2 We previously granted Martinez’s “motion to incorporate the record” in Martinez II, including “the prior pleadings and jury instructions.” In Martinez II, we granted Martinez’s request that we take judicial notice of “the entire record[ ]” in his direct appeal and the related habeas proceeding. As the truth of the facts of the crimes recited in Martinez I are not necessary for our resolution of this appeal, we summarize them only for the basis of Martinez’s convictions. (See People v. Woodell (1998) 17 Cal.4th 448, 459-460.)

2 away from a two-door car stopped in the alley. She called the police. A responding officer found the bodies of Rudy Estrada and his wife or girlfriend Gabrielle…