People v. Medina CA1/4

── People v. Medina CA1/4 ── Court: California Court of Appeal Date: May 15, 2026 Category: General Filed 5/15/26 P. v. Medina CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR THE PEOPLE, Plaintiff and Respondent, A171309 v. MARTIN MEDINA (San Mateo County Super. Defendant and Appellant. Ct. No. 22-SF-008251) A jury convicted Martin Medina of attempted murder (Pen. Code,1 §§ 664, 187, subd. (a)), criminal threats (§ 422, subd. (a)), discharging a firearm at an inhabited dwelling (§ 246), and first degree burglary (§ 460, subd. (a)). As to the attempted murder conviction, the jury found that Medina personally used a firearm (§ 12022.53, subd. (b)) and personally and intentionally discharged a firearm (§ 12022.53, subd. (c)). As to the criminal threats and first degree burglary convictions, the jury found that Medina was armed with a firearm during their commissions (§ 12022, subd. (a)(1)). On appeal, Medina argues the trial court erred by imposing the sentencing enhancement under section 12022, subdivision (a)(1) related to his criminal threats conviction. Finding no error, we affirm. 1 All undesignated statutory references are to the Penal Code. 1  BACKGROUND Medina and the victim Juan Flores-Lopez (Lopez) worked at and lived on a commercial mushroom farm in Half Moon Bay, California. They met each other when Lopez began working on the farm in 2015. On July 1, 2022, both men attended a barbeque on the farm. Both men drank alcohol at the barbeque. Lopez thought Medina appeared upset and angry and heard Medina raise his voice while using bad words toward another attendee named Byron. Lopez suggested to Medina that he go home. Medina agreed and the three men walked toward Medina’s residence. Before they reached Medina’s residence, Medina said that he was going to kill Lopez and his whole family and then ran to his home where he retrieved a gun. The threat made Lopez feel afraid and concerned for his family. Lopez went to his residence where his wife, Miriam Ortiz, and multiple other family members were home. Once inside, Lopez locked the front door. Within a minute, Medina approached Lopez’s front door. As he approached, Medina told Lopez to come outside and that he had something to settle with him. According to Lopez, Medina twice yelled that he was going to kill Lopez and his family. Ortiz testified that she heard Medina say, “I’m going to kill you now,” about four times. After hearing these threats, Lopez stood near the inside of his front door and used his cell phone to record what happened next. When Medina reached the front door, he tried the doorknob in an unsuccessful effort to force open the front door. Lopez felt afraid. Medina then broke a glass panel on the front door. He next produced the firearm and aimed through the broken glass panel at Lopez’s face. Medina fired the gun as Lopez ducked to the floor. The bullet traveled through Lopez’ residence 2 and into a neighbor’s residence where it lodged in a wall. No one was injured. Medina fled and hid the gun in a nearby dump truck. Medina was detained shortly after the incident. Lopez identified Medina as the perpetrator in a field identification. The firearm was recovered from its hiding place. By information, the San Mateo Coun