P. v. Martinez
Defendant and appellant Brayon Martin Martinez appeals from the judgment entered after two trials. Prior to the first trial, defendant pled guilty on count 5 to possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)).[1] The jury convicted defendant in count 4 of evading an officer (Veh. Code, § 2800.2, subd. (a)). The trial court declared a mistrial after the jury deadlocked on counts 1-3 and 6-7.
After the information was amended, defendant was convicted in the second trial on counts 6 and 7 of assault on a peace officer with a semiautomatic firearm (§ 245, subd. (d)(2)) and on count 8 of assault with a semiautomatic firearm on an unidentified victim (§ 245, subd. (b)). The jury found true the allegations defendant used a firearm within the meaning of section 12022.53, subdivisions (b) and (c), as to counts 6 and 7, and he used a firearm within the meaning of section 12022.5, subdivisions (a) and (d), as to all three counts.
The trial court sentenced defendant to 33 years 8 months in state prison.
Defendant contends insufficient evidence, instructional error, improper exclusion of evidence, and cumulative error require reversal of the judgment. We affirm.
Comments on P. v. Martinez