People v. Martinez CA6
H051286
Cal. Ct. App.Jun 5, 2025Background
- Brandon Gene Martinez was convicted by jury of first-degree murder (premeditated killing) in 1997 for conduct occurring in 1993.
- The jury was instructed only on direct and aiding and abetting liability for premeditated murder, not on felony murder or the natural and probable consequences doctrine.
- In 2023, Martinez petitioned for resentencing under Penal Code section 1172.6, which allows relief for convictions based on now-impermissible murder theories where malice is imputed.
- The trial court denied his petition, determining he was ineligible for resentencing as a matter of law without holding an evidentiary hearing.
- Martinez appealed, arguing eligibility for relief and claiming ineffective assistance of counsel regarding the reliance on earlier appellate facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for resentencing under § 1172.6 | Martinez was necessarily convicted on a valid premeditated murder theory | Martinez claimed jury instructions or arguments supported a theory where malice could be imputed | Not eligible for relief—the jury’s findings required express malice and specific intent |
| Consideration of record of conviction vs. prior appellate opinion | Trial court may properly use the record of conviction | The court erred by relying on facts in prior appellate opinions | Reliance on facts from prior appeal was harmless as ineligibility clear from record |
| Necessity of an evidentiary hearing before denying the petition | No hearing required if record conclusively refutes prima facie eligibility | An order to show cause must issue absent clear refutation | No evidentiary hearing required; record clearly precludes relief |
| Relevance of defendant’s youth at the time of the offense to prima facie review | Defendant’s age was not relevant at this stage | Youth should factor into relief determination | Youth not considered without entitlement to an evidentiary hearing |
Key Cases Cited
- People v. Lewis, 11 Cal.5th 952 (Cal. 2021) (clarifies how courts should assess § 1172.6 petitions and use the record of conviction)
- People v. Lopez, 78 Cal.App.5th 1 (Cal. Ct. App. 2022) (standard for de novo review of summary denial of § 1172.6 petition)
- People v. Hurtado, 89 Cal.App.5th 887 (Cal. Ct. App. 2023) (error in failing to provide counsel harmless if record shows ineligibility for relief)