People v. Martinez CA4/3

Filed 2/27/25 P. v. Martinez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063644

v. (Super. Ct. No. 96CF0746)

GILBERT MARTINEZ, ORDER MODIFYING OPINION; NO CHANGE IN JUDGMENT Defendant and Appellant.

THE COURT: It is ordered that the opinion filed herein on January 30, 2025, be modified as follows: On page 5, first sentence of the last paragraph, “subdivision (a)” is changed to “subdivision (b)” so the sentence reads: “Accordingly, the plain language of the statute, legislative intent, and case law support the conclusion that defendants subject to now-invalid

 Before O’Leary, P. J., Moore, J., Sanchez, J.

section 667.5, subdivision (b) enhancements are entitled to a resentencing hearing, regardless of whether the enhancement was imposed.” There is no change in the judgment.

2

Filed 1/30/25 P. v. Martinez CA4/3 (unmodified opinion)

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.