People v. Martinez CA2/5

Filed 2/26/14 P. v. Martinez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B245315

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA123248) v.

ARNULFO MARTINEZ MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Eleanor J. Hunter, Judge. Affirmed as modified. Kevin Michele Finkelstein, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Susan Pithey, Deputy Attorney General, for Plaintiff and Respondent.

Defendant, Arnulfo Martinez Martinez, appeals from a September 18, 2012 final judgment of conviction following a jury trial. Defendant struck the victim, Ixcoy Santos, in the head seven or eight times. This occurred after defendant drove into Mr. Santos’s taxicab damaging it. After the accident, the two men got out of their automobiles, defendant struck Mr. Santos with a metal bar. The apparent cause of the incident was a dispute concerning a woman, Araceli Aguilar-Tejeda, who was riding in Mr. Santos’s taxicab. A paramedic testified examined Mr. Santos at the scene of the attack. Mr. Santos had a three to five-inch laceration to the back of his head. Defendant was convicted of five counts: count 1—deadly weapon assault (Pen.1 Code, § 245, subd. (a)(1)); count 2—vandalism in an amount under $400 (§ 594, subd. (a)); count 3--battery with serious bodily injury (§§ 242, 243, subd. (d)); and counts 4 and 5—lesser included offenses of misdemeanor assault. (§ 240.) As to the deadly weapon assault charge, count 1, the jury also found a great bodily injury allegation to be true. (§ 12022.7, subd. (a).) As to the battery with serious bodily injury charge, count 2, the jury found the deadly weapon use allegation was true. (§ 12022, subd. (b)(1).) At the probation and sentencing hearing on September 18, 2012, the following sentence was imposed: three years for count 1 plus three years pursuant to section 12022.7, subdivision (a) for a total of six years; one year for count 2 to run concurrent with count 1; stayed sentences in counts 3 and 4 pursuant to section 654, subdivision (a); and one year for count 5 to run concurrent with count 1. Defendant was ordered to pay $15,122.81 in restitution to the Victims’ Compensation Board, plus 10 percent interest from the sentencing date, pursuant to section 1202.4, subdivision (f). Defendant was also ordered to pay: a $240 restitution fine; a suspended parole revocation restitution fine; a $40 court security fee under section 1465.8, subdivision (a)(1); and a $30 court construction fee under Government Code section 70373, subdivision (a)(1). Defendant received total presentence credits of 125 days for actual custody plus 18 days of conduct credits for good time.