People v. Martinez CA2/1

Filed 10/2/25 P. v. Martinez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B341111

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA041559) v.

MANUEL STEVEN MARTINEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jacqueline Lewis, Judge. Appeal dismissed. Karyn H. Bucur, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

________________________

Defendant Manuel Steven Martinez appeals from an order denying his request for resentencing under Penal Code section 1172.1.1 Martinez’s appointed appellate counsel filed a brief identifying no issues on appeal and requesting that we follow the procedures outlined in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). (See People v. Rosemond (2025) 108 Cal.App.5th 667, 673 [Delgadillo applies to the denial of a request for resentencing under section 1172.1].)2 Martinez filed a supplemental brief in which he alleges the trial court erred in failing to appoint counsel for him and that various irregularities occurred in connection with his original trial. Because the order from which Martinez appeals is not appealable, we lack jurisdiction and therefore dismiss the appeal.

FACTUAL AND PROCEDURAL SUMMARY In 1999, a jury found Martinez guilty of first degree murder. (§ 187, subd. (a).) The jury also found true an allegation that, in the commission of the murder, Martinez personally used a knife, with said use not being an element of the murder offense, within the meaning of section 12022, subdivision (b)(1). The court sentenced Martinez to prison for 26 years to life. After a direct appeal, we vacated the judgment of conviction and remanded with directions for the trial court to consider Martinez’s “complaints about his trial attorney’s