P. v. Martinez
Filed 3/22/06 P. v. Martinez CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| THE PEOPLE, Plaintiff and Respondent, v. JORGE ESTRADA MARTINEZ et al., Defendants and Appellants. | B174379 (Super. Ct. No. BA240842) |
APPEAL from judgments of the Superior Court of Los Angeles County. Norman P. Tarle, Judge. Affirmed.
John Steinberg, under appointment by the Court of Appeal, for Defendant and Appellant Jorge Estrada Martinez.
Cliff Gardner, under appointment by the Court of Appeal, for Defendant and Appellant Jorge Flores Sandoval.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.
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Jorge Estrada Martinez and Jorge Flores Sandoval appeal from judgments entered after a jury convicted them of one count of first degree felony murder and two counts of attempted robbery. Martinez contends the trial court erred in sentencing with respect to the firearm enhancement under Penal Code section 12022.53, subdivision (d).[1] Sandoval contends (1) the trial court committed reversible error by violating his right to have his own defense interpreter throughout the proceedings against him, (2) there was insufficient evidence to support his conviction for attempted robbery on an aiding and abetting theory of liability, and (3) there was insufficient evidence he was a major participant in the attempted robberies who acted with reckless indifference to human life within the meaning section 190.2, subdivision (d). We affirm.
FACTS AND PROCEEDINGS BELOW
I. The Charges
On December 17, 2002, attempted robberies occurred at Marces Hardware store and two victims were shot to death during the commission of the attempted robberies. An information charged Alejandro Quinares Viveros and appellants Jorge Estrada Martinez and Jorge Flores Sandoval (collectively, â€
