People v. Martinez CA2/2

BACKGROUND

In 2018, defendant pleaded no contest to the voluntary manslaughter of Victor Garcia (Victor) and attempted voluntary manslaughter of Christian Garcia (Christian).2 Defendant further admitted that he personally used and discharged a firearm in the voluntary manslaughter of Victor. Pursuant to a negotiated plea agreement, defendant was sentenced to a 21-year prison term, consisting of 11 years for voluntary manslaughter, a consecutive term of 10 years for personal use of the firearm, and a concurrent term of three years for attempted voluntary manslaughter. Preliminary hearing At the January 24, 2017 preliminary hearing, Christian testified that he and his brother Victor were in their father’s truck in the City of El Monte at approximately 6:00 p.m. on July 9, 2016. Victor was driving and Christian was in the passenger seat as they approached the intersection of Peck Road and Mountain View Road. Victor turned right on Peck Road,

1 All further statutory references are to the Penal Code.

2 Because the victims share the same surname we refer to them by their first names to avoid confusion.

2 cutting off a black SUV traveling on Peck Road in the same direction. The…