People v. Martinez CA4/1

California Court of Appeal Dec 10, 2013 No. D064125Unpublished

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Holding. The court affirmed the defendant's conviction and sentence after finding no reasonably arguable appellate issues upon independent review of the record pursuant to People v. Wende.

Issues

Whether the trial court abused its discretion in denying the motion to strike the serious/violent felony prior conviction?
Whether imposition of a $280 restitution file violated the ex post facto clause?
Whether the trial court erred in denying the motion to suppress evidence on Fourth Amendment grounds?
Whether the court abused its discretion in allowing amendment of the information on the day of trial?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We have reviewed the entire record in accordance with Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738 and have not found any reasonably arguable appellate issues.”

Filed 12/10/13 P. v. Martinez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064125

Plaintiff and Respondent,

v. (Super. Ct. No. SCS259877)

JONATHAN MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Edward P.

Allard, III, Judge. Affirmed.

Law Office of Alissa L. Bjerkhoel and Alissa L. Bjerkhoel for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

A jury convicted Jonathan Martinez of possession of a controlled substance

(Health & Saf. Code, § 11377, subd. (a)). The court found true one serious/violent felony

prior conviction (Pen. Code, § 667, subd. (b)-(i)).

The defense motion to strike the serious/violent felony prior conviction was

denied and Martinez was sentenced to a term of 32 months in prison.

Martinez filed a timely notice of appeal.

Counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436

(Wende) and Anders v. California (1967) 386 U.S. 738 (Anders) raising possible but not

People v. Martinez CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064125

JONATHAN MARTINEZ,

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STATEMENT OF FACTS

DISCUSSION

DISPOSITION

NARES, J.

IRION, J.

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