Legal Opinion
People v. Martinez
California Court of Appeal
Decided August 14, 1987No. B022326PublishedCited by 30 opinions
1Opinion of the Court
Opinion
FUKUTO, J.
Ruben Fraire Martinez appeals from the judgment entered following a jury trial that resulted in his conviction of assault with a firearm upon a peace officer and a true finding of a firearm-use enhancement. (Pen. Code, §§ 245, subd. (c), 12022.5.) He was sentenced to eight years in prison and contends: “The two-year enhancement for use of a firearm pursuant to Penal Code section 12022.5 must be stricken from the judgment because that enhancement cannot be applied to a conviction for assault with a firearm upon a peace officer in violation of Penal Code section 245(c).”
Factual…
2Cases cited16 opinions
- Solberg v. Superior CourtCalifornia Supreme Court · 1977
- People v. WalkerCalifornia Supreme Court · 1976
- People v. BlackCalifornia Supreme Court · 1982
- Sand v. Superior CourtCalifornia Supreme Court · 1983
- Leslie Salt Co. v. San Francisco Bay Conservation & Development CommissionCalifornia Court of Appeal · 1984
11 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- California Teachers Ass'n v. Governing Board of Rialto Unified School DistrictCalifornia Supreme Court · 1997
- People v. CruzCalifornia Supreme Court · 1996
- Hutnick v. United States Fidelity & Guaranty Co.California Supreme Court · 1988
- People v. LedesmaCalifornia Supreme Court · 1997
- State Farm Mutual Automobile Insurance v. HaightCalifornia Court of Appeal · 1988
25 more not listed; retrieve them via the Exa API.