P. v. Martinez CA5
Nicolas Martinez (defendant) stands convicted, following a jury trial, of first degree burglary (Pen. Code, § 459; count I), grand theft of a firearm (§ 487, subd. (d)(2); count II), possession of a firearm by a person previously convicted of a violent crime (§ 29900, subd. (a); count III), and possession of ammunition by a person prohibited from possessing a firearm (§ 30305, subd. (a)(1); count IV). Following a bifurcated court trial, he was found to have suffered two prior serious felony convictions (§ 667, subd. (a)) and four prior strike convictions (id., subd. (d)). Sentenced to a total of 60 years to life in prison and ordered to pay various fees, fines, and assessments, he now appeals, claiming the trial court erred by refusing to give a modified jury instruction on voluntary intoxication. We affirm.
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