People v. Martinez CA2/7

Filed 7/24/25 P. v. Martinez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B336715

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA514521) v.

EDWARD SYDNY MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David V. Herriford, Judge. Affirmed. Evan D. Williams, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________

On December 5, 2023 a jury found Edward Sydny Martinez guilty of assault with a deadly weapon. The trial court sentenced Martinez to three years in state prison, and Martinez appealed. No arguable issues have been identified following review of the

record by appointed appellate counsel or our own independent review. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2023 Andre Avarra lived with family members in the attic of a house in Los Angeles. Martinez lived on the first floor of the house. Avarra had lived in the house for about three months. On April 28 Avarra returned home from a nightclub around 5:00 a.m. and decided to sleep on a couch on the front porch. At around 6:15 a.m. Avarra woke up when he felt something warm on his side, and he tried to get up quickly. He took a quilt off his head and saw that Martinez was stabbing him. Martinez stabbed him three times, once on his left side, and then below his left and right shoulders. It looked like Martinez was using something like an ice pick with a black handle. After the first three stabs, Martinez overcame Avarra and sat on top of him with a larger knife that Martinez pulled from his back pocket. The knife looked like a kitchen knife; it was about 12 inches long with a six-inch blade. Martinez held the knife at Avarra’s throat, then Avarra grabbed the knife by the blade with both of his hands. Martinez directed him to let go of the knife “so he can kill [him].” Avarra fell to the ground, then bit Martinez’s hand to gain hold of the knife; Martinez responded by biting Avarro on the back. Avarra started “hollering for help,” and the woman who owned the house came out to the porch. The woman had a broom and started hitting Martinez with it. Martinez jumped up and ran out through the gate. Avarra ran for help, but when he got to the side of the house, he saw Martinez, who came at Avarra again with the same knife. Avarra put his foot up to defend himself, and Martinez stabbed