P. v. Martinez
Defendant Johnny A. Martinez was convicted after jury trial of first degree murder (Pen. Code, 187).[1] The jury further found that the murder was intentional and involved the infliction of torture ( 190.2, subd. (a)(18)), and that defendant personally used a deadly or dangerous weapon, a knife, in the commission of the offense ( 12022, subd. (b)(1)). The trial court found that defendant had five prior strikes ( 1170.12). The court sentenced defendant to the indeterminate term of life without the possibility of parole consecutive to the determinate term of one year.
On appeal defendant contends that (1) the court prejudicially erred in giving CALJIC No. 5.54 (2004 re-revision); (2) the court prejudicially erred in giving incomplete instructions on imperfect self-defense; (3) the court prejudicially erred in failing to give CALJIC No. 8.73 sua sponte; (4) there was insufficient evidence to support the finding that the murder involved the infliction of torture; and (5) the court prejudicially erred in failing to instruct sua sponte on the relationship of provocation to the mental state necessary for the finding that the murder involved torture. As Court find no error requiring reversal, Court affirm the judgment.
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