P. v. Acevedo CA6
Defendant was charged by first amended information with the murder of Carlos Alberto Martinez (§ 187, subd. (a); count 1) and assault with a firearm with respect to Jose Rodriguez Martinez (§ 245, subd. (a)(2); count 2). The information also alleged that defendant personally and intentionally discharged a firearm and proximately caused death (§ 12022.53, subds. (b), (c) & (d)) regarding the murder, and that he personally used a firearm (§ 12022.5, subd. (a)) regarding the assault. The information further alleged that defendant had one prior serious felony conviction that also qualified as a strike (§ 667, subds. (a)(1) & (b)-(i)), and that he had served prior prison terms (§ 667.5, subd. (b)).
A. The Trial
The homicide victim, Carlos Martinez, and his girlfriend, Amy Fernandez, lived in a tent in Watsonville. Their tent was located in a slough that contained bushes, vines, and tree stumps. The slough was located behind some businesses and down a steep hill.
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