P. v. Martinez
Appellants Mario Martinez and Fernando Ortiz made a poor choice when they selected their victim in this case. J.H. probably looked like an easy target; a 13-year-old boy riding alone on a scooter in the early evening. Martinez and Ortiz, then ages 20 and 21 respectively, attacked him in the parking lot of a sporting goods store.
J.H. fought back. The men succeeded in robbing the boy of his scooter, but Ortiz had to be taken to the hospital and received five staples to close a serious head wound. J.H. emerged from the incident relatively unscathed.
A jury convicted Martinez and Ortiz of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c))[1] and assault with force likely to produce great bodily injury (§ 245, subd. (a)(1)). Ortiz, who was determined to be the primary instigator, was sentenced to five years in prison. Martinez received a shorter prison sentence of three years. We have consolidated their separately filed appeals.
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