P. v. Martinez
A jury convicted Jose Antonio Martinez, the defendant herein, of the second degree murder (Pen. Code, 187)[1]of Cesar Sanchez. The jury found true an allegation that defendant personally used a firearm in the commission of the offense. ( 12022.53, subd. (d).) The district attorney had alleged that defendant committed the crime to benefit a street gang ( 186.22, subd. (b)(1)(C)), but the jury returned no finding on that allegation and the trial court dismissed it on the prosecutions motion.
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