People v. Martinez CA4/1

Filed 7/10/14 P. v. Martinez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D065343

Plaintiff and Respondent,

v. (Super. Ct. No. SCD144092)

JUAN C. MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

Appellate Defenders, Inc. and Patricia Ihara, for Defendant and Appellant.

No appearance by Plaintiff and Respondent.

PROCEDURAL BACKGROUND

In July 1999 a jury found Juan C. Martinez guilty of four felonies: assault with a

deadly weapon (Pen. Code, § 245, subd. (a)(1))1; assault with force likely to produce

1 All subsequent undesignated statutory references are to the Penal Code.

great bodily injury (§ 245, subd. (a)(1)); and two counts of attempted unlawful taking of a

vehicle (§ 664; Veh. Code, § 10851, subd. (a)). In connection with the assault charges,

the jury found appellant had personally used a deadly weapon (§ 1192.7, subd. (c)(23))

and inflicted great bodily injury upon a person who was not an accomplice (§ 12022.7,