P. v. Martinez CA3
A jury found defendant Luis Martinez guilty of six felonies arising from three separate gang-related attacks, and found true various firearm and gang enhancements. The trial court sentenced defendant to 29 years plus 32 years to life in state prison.
On appeal, defendant contends: (1) there was insufficient evidence to support the gang enhancements, and (2) the trial court violated his right to due process and a fair trial under the Sixth and Fourteenth Amendments to the California Constitution by refusing to instruct the jury on self-defense. We will reverse the gang enhancements and remand for resentencing. In all other respects, the judgment is affirmed.
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