People v. Martinez
226 Cal. App. 4th 1169
| Cal. Ct. App. | 2014Background
- Appellant Gabriel Martinez was charged with murder, involuntary manslaughter, and three drug-furnishing counts related to Lisa Groveman's death; a GBI enhancement attached to two furnishing counts.
- Plea negotiations resulted in dismissal of the murder charge and a stipulated sentence cap; the parties waived certain 654, confrontation, and hearsay rights.
- On January 25, 2013, the court found Martinez guilty of involuntary manslaughter and all three furnishing counts; true the GBI enhancements attached to counts 3 and 4.
- On February 26, 2013, Martinez was sentenced to 11 years, eight months, plus consecutive terms for counts 2–5 and various fines, including a restitution fund fine under 1202.4.
- Martinez appealed, challenging the GBI enhancement on the furnishing count, sufficiency as to count 5, and the restitution fund fine calculation and related claims of ineffective assistance.
- The appellate court ultimately modified the restitution fund fine but affirmed the judgment as so modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| GBI enhancement authority | Martinez argues subdivision (g) bars GBI on furnishing when the same victim dies. | Martinez contends the trial court exceeded authority under 12022.7. | GBI enhancement properly imposed on count 3. |
| Evidence sufficiency for GBI | Evidence insufficient to show Martinez personally inflicted GBI. | Evidence shows Martinez supplied lethal drugs directly causing death. | Substantial evidence supports personal infliction of GBI. |
| Count five corpus delicti | Independent proof supports count five beyond Martinez's statements. | Corpus delicti not established apart from confession. | Independent evidence corroborates count five (furnishing methadone to Mavris). |
| Restitution fund fine (ex post facto concerns and calculation) | Fine should reflect 2013 minimum of $280; ex post facto concerns addressed by forfeiture rule. | Use of $280 minimum violated when offenses happened in 2011. | Fine reduced to $8,800 to reflect 2010–2011 minimum; remains within ex post facto constraints. |
| Ineffective assistance re restitution objection | Counsel's failure to object to miscalculated fine was reasonable trial strategy. | Failure to object was deficient performance requiring reversal or correction. | Counsel deficient; judgment modified to correct restitution and parole revocation fines. |
Key Cases Cited
- People v. Cross, 45 Cal.4th 58 (Cal. 2008) (GBI meaning and personal infliction standard)
- People v. Verlinde, 100 Cal.App.4th 1146 (Cal. App. 2002) (GBI exclusion for murder/manslaughter)
- People v. Brown, 91 Cal.App.4th 256 (Cal. App. 2001) (GBI attached to non-element offenses with same victim)
- People v. Corban, 138 Cal.App.4th 1111 (Cal. App. 2006) (GBI on separate felony involving same victim)
- People v. Modiri, 39 Cal.4th 481 (Cal. 2006) (interpretation of 'personally inflicts' under GBI)
- People v. Rodriguez, 69 Cal.App.4th 341 (Cal. App. 1999) (proximate vs direct causation for GBI)