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. In supplemental briefing, defendant contends newly-enacted Senate Bill No. 620 (Stats. 2017, ch. 682, §§ 1 & 2, eff. Jan. 1, 2018; hereafter Senate Bill No. 620) requires that his case be remanded to permit the trial court to exercise its discretion under Penal Code section 1385 to strike firearm enhancements imposed pursuant to Penal Code sections 12022.53 and 12022.5, subdivisions (a) and (d).
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