P. v. Martinez-Millan
Filed 6/22/06 P. v. Martinez-Millan CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. JOSE S. MARTINEZ-MILLAN, Defendant and Appellant. |
F048379
(Super. Ct. No. BF108835A)
OPINION |
APPEAL from a judgment of the Superior Court of Kern County. Clarence Westra, Jr., Judge.
Richard A. Levy, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Lloyd G. Carter and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Defendant Jose Martinez-Millan appeals from the judgment entered following a jury trial that resulted in his conviction for first degree murder (count 1), first degree attempted murder (counts 2 & 3), and assault with a deadly weapon (count 4). (Pen. Code, §§ 187, subd. (a), 664/187, subd. (a), 245, subd. (a)(2).) Defendant received a lengthy prison sentence, including two life terms for the attempted murder convictions. As relevant to this appeal, the court imposed as to count 3, a firearm enhancement of 25 years to life under Penal Code section 12022.53, subdivision (d) and a great bodily injury enhancement of three years under Penal Code section 12022.7.
On appeal, defendant contends (1) the court erred in excluding his statement, made a few hours after the underlying incident, that he did not know why he shot the victims, (2) the court erred in admitting his statement, made several hours before the incident, that â€
