P. v. Martinez CA3
This case arises out of a heated argument between defendant Mario Alfredo Martinez and the victim, his fiancée. Two hours after the argument ended, the victim found herself at a gasoline station and talking with a City of Stockton Police Department officer. Over the course of an hour, the victim told the officer defendant had beaten and threatened to kill her, and he possessed a firearm. As a result of this conversation, the police responded by going to defendant and the victim’s apartment, where a search found a loaded handgun. The defendant was arrested. A jury convicted defendant of being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)), but acquitted him of criminal threats (§ 422) and corporal injury to a cohabitant (§ 273.5, subd. (a)). The jury deadlocked on the lesser included offense of misdemeanor battery on a cohabitant (§ 243, subd. (e).) The court found a prior strike allegation true.
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