People v. Martin CA2/2

BACKGROUND

In 2010, defendant was charged with murder in the shooting death of Carlos Espinoza, in violation of section 187, subdivision (a). The information alleged pursuant to section 12022.53, subdivisions (b), (c), and (d), that defendant personally

2 Defendant argues that the enhancements should be dismissed, as they were based upon false testimony and were discriminatory. He also requests reconsideration of the evidence relating to heat of passion. Defendant cites the Supreme Court’s order regarding the exercise of discretion to provide other relief in light of People v. Delgadillo, supra, 14 Cal.5th at pages 232–233 and footnote 6 as authority. Nothing in Delgadillo or section1172.6 gives this court authority to vacate any part of defendant’s judgment or sentence. These issues are more properly raised in the trial court.

3 used a firearm in the commission of the crime and that he personally and intentionally discharged the firearm, causing the victim’s death.3 A jury convicted defendant of second degree murder, but deadlocked on the firearm allegations, and after declaring a mistrial, a second trial was held solely as to those allegations. The second jury found the…