People v. Martinez CA2/3

Filed 9/11/25 P. v. Martinez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B341734

Plaintiff and Respondent, Los Angeles County Super. Ct. No. v. 24DWCF00703

JAVIER MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Maria Andrea Davalos, Judge. Affirmed.

Jennifer Peabody and Keilana Truong, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

Javier Martinez appeals from his conviction by a jury of possession of a firearm by a felon. Martinez’s counsel has asked us independently to review the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. At trial,1 Deputy Sheriff Rigoberto Escobar testified he went to the 7400 block of Mace Place around 5:00 p.m. on July 3, 2024 in response to “a shooting call for service.” Escobar saw a person who matched the description officers had been given. That person later was identified as Martinez. After Martinez made eye contact with Escobar, he turned and went toward a residence. Deputies ordered Martinez to surrender but he refused to comply with their commands. Martinez eventually “gave up” and surrendered. Deputies “canvas[sed] the . . . area” looking for a firearm. They found a Sig Sauer firearm about ten feet from Martinez. It was loaded with six rounds in the magazine and one in the chamber. Deputy Zachary Torp testified he also went to the Mace Place address. He authenticated a surveillance video that the prosecutor then played for the jury. Torp testified Martinez could be seen in the video holding something in his right hand. Torp stated, “I believe it to be a semi-automatic black firearm described as a pistol.” Martinez stipulated he had a prior felony conviction. Martinez chose not to testify.