People v. Martinez CA2/1

Filed 3/28/14 P. v. Martinez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B250736

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA406759) v.

HENRY MARTINEZ,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Los Angeles County. Rand S. Rubin, Judge. Affirmed. Christopher Love, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________________

A February 11, 2013 information charged Henry Martinez with one count of second degree robbery (Pen. Code, § 211), and further alleged Martinez used a deadly and dangerous weapon (a knife) in the commission of the robbery (Pen. Code, § 12022, subd. (b)(1)). An amended information filed on June 5, 2013 alleged the deadly and dangerous weapon Martinez used in the commission of the robbery was a box cutter, not a knife. 1 Before trial, on March 13, 2013, Martinez made a Marsden motion. The trial court held a hearing outside the presence of the prosecutor and denied the motion. The matter went to trial on June 7, 2013. Evidence presented at trial showed that on January 13, 2013, at about 5:00 p.m., in MacArthur Park, Martinez approached robbery victim Ramiro Vasquez and a group of Martinez’s acquaintances and demanded 2 money from them. When they declined to give him money, Martinez became angry and shouted profanities at them. Martinez walked toward Vasquez’s bag, which was on a park bench in front of Vasquez. The bag contained Vasquez’s passport, clothes and other items. Vasquez grabbed the handle of his bag and held onto it. Martinez cut the handle of Vasquez’s bag with a box cutter. Vasquez continued to hold onto the bag and started to walk away. Martinez approached Vasquez from behind and threatened to stab Vasquez with the box cutter. Vasquez turned around and Martinez thrust the box cutter toward him. Vasquez used the bag to protect himself and pushed Martinez with the bag. Vasquez dropped the bag and Martinez picked it up and fled onto Wilshire Boulevard and then down an alley. Vasquez started to follow Martinez, but did not catch up to him.