P. v. Martinez CA2/5
Defendants and appellants Wendy Martinez (Martinez), Art Macias (Macias), Jerry Leone (Leone), and Miguel Ochoa (Ochoa) were convicted of first degree robbery, home invasion robbery in concert, burglary, and two counts of assault with a deadly weapon—all stemming from an altercation between defendants and Michael Veneris (Veneris). As to defendants Ochoa and Leone, we consider whether they are entitled to reversal of their convictions due to alleged infringements on their right not to testify and their right to remain silent. As to defendant Ochoa, we consider whether substantial evidence supports his convictions for robbery and burglary. As to all defendants, we consider whether the robbery and assaults were part of a single course of conduct, such that the sentence imposed on the assault charges should have been stayed. We also decide a variety of sentencing-related issues that apply to some or all of the defendants.
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