People v. Martinez CA2/4

Filed 10/24/13 P. v. Martinez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B246490

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA398528) v.

JUSTO MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John S. Fisher, Judge. Dismissed. Sarah J. Ellenberg, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Justo Martinez appeals from the judgment entered following his no contest plea to three counts of committing a forcible lewd act on a child. (Pen. Code, § 288, subd. (b).) We dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

Because defendant entered a no contest plea, we set forth an abbreviated statement of the facts. Jessica G. lived with her mother and two uncles, defendant and Alvardo. While her mother and Alvardo were at work, defendant committed a number of lewd acts upon her. He began by fondling her bare chest, progressed to touching her vagina, and ultimately engaged in sexual intercourse. She tried to fight him off, but he was too large. These incidents began when she was six years old and ended when she was seven, after defendant moved away.1 On November 6, 2012, defendant pled no contest to three counts as set forth above. On December 6, pursuant to the plea agreement, he was sentenced to 24 years in prison. On January 18, 2013, defendant filed a notice of appeal, challenging the validity of the plea based on matters that occurred after the plea was taken. His request for a certificate of probable cause was denied.