Martinez v. CainAnnotate this Case
Petitioner Pedro Martinez was ‘playing with’ a gun, and asked the victim for his wallet. The victim refused. Petitioner then asked the victim to get out of his car, and the victim refused that request, too, saying "you ain’t getting my wallet and you ain’t getting my car." Petitioner said, "Well, then I’m going to have to shoot you." As the victim tried to drive away, petitioner did just that: shooting the victim once in the arm. The victim testified that his car already was moving when petitioner fired; the victim believed it was possible that the car bumped petitioner’s hand, causing him to lose some control of the gun when he pulled the trigger. The victim drove the short distance to his home and called 9-1-1. He was transported to a hospital. A doctor who treated the victim testified that the bullet broke the victim’s arm and fragments traveled to his chest, coming within inches of multiple blood vessels. Petitioner was indicted on several counts, though the only counts relevant here charged petitioner with first-degree robbery and attempted aggravated felony murder. He sought post-conviction relief, contending that his counsel had been constitutionally inadequate by failing to argue that those crimes should be merged. The post-conviction court granted summary judgment against petitioner, concluding that he had not been prejudiced by his counsel’s failure to object, because as a matter of law the sentences would not merge. A majority of the Court of Appeals panel affirmed, On review, the presented to the Oregon Supreme Court was whether petitioner’s convictions should have been merged under ORS 161.067(1). The Court concluded they should have, reversed the trial and appellate courts, and remanded for further proceedings.