People v. Martinez CA3

Filed 6/20/25 P. v. Martinez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C100751

Plaintiff and Respondent, (Super. Ct. No. 06F00222 )

v.

JORGE ALBERTO MARTINEZ, JR.,

Defendant and Appellant.

Defendant Jorge Alberto Martinez, Jr.,1 was sentenced to a stipulated term of 10 years in prison after pleading no contest to three sexual offenses involving a minor. Defendant’s appointed counsel asked this court to independently review the record to

1 Defendant’s name is listed in the record as “Jorge Martinez,” “Jorge Alberto Martinez,” “Jorge A. Martinez,” and “Jorge Alberto Martinez, Jr.” We use the latter name in this opinion.

1

determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Having done so, and finding none, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In January 2006, defendant, who was almost 33 years old at the time, had sexual intercourse with the 13-year-old victim on three occasions (in his house, in her house, and in his car).2 That same month, he was arrested and charged with four counts of committing a lewd and lascivious act on a minor under 14 years of age (counts one through four), one count of possessing images of a minor engaged in an act of sexual conduct (count five),3 one count of unlawfully carrying a concealed firearm in a vehicle (count six), and one count of unlawfully carrying a concealed dirk or dagger on his person (count seven). For the lewd and lascivious act on a minor counts, the complaint expressly gave notice that each offense constituted a serious felony under Penal Code4 section 1192.7, subdivision (c) and that conviction of the offense would require defendant to register under section 290. Defendant was arraigned on the complaint and the court appointed him counsel and released him on bond. After defendant failed to appear at a scheduled hearing in August 2006, the trial court issued a bench warrant for his arrest. The bail bond was forfeited the following month. In July 2007, the court granted a motion to vacate the forfeiture, exonerate bail,