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PEOPLE v. MARTINEZ

Docket No. E007463.

230 Cal.App.3d 197 (1991)

281 Cal. Rptr. 205

THE PEOPLE, Plaintiff and Appellant, v. OMAR FUENTES MARTINEZ, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

May 16, 1991.

Attorney(s) appearing for the Case

COUNSEL

Grover C. Trask II, District Attorney, Don R. Inskeep, Assistant District Attorney, Gary Tranbarger and Michele D. Levine, Deputy District Attorneys, for Plaintiff and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, and Jay M. Bloom, Deputy Attorney General, as Amici Curiae on behalf of Plaintiff and Appellant.

David L. Tucker, Jr., and Robert F. Howell, under appointments by the Court of Appeal, for Defendant and Respondent.

OPINION

McKINSTER, J.

In this case we conclude that defendant's 1980 Texas murder conviction was for an offense which, under Texas law, included all of the elements of second degree murder as defined by California law, and, therefore, constituted a prior murder conviction within the meaning of Penal Code section 190.2, subdivision (a)(2)1. We therefore reverse...

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