People v. Martinez CA4/2

Filed 1/8/15 P. v. Martinez CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E060377

v. (Super.Ct.No. RIF1207800)

JOSEPH ANTHONY MARTINEZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Christian F. Thierbach,

Judge. Affirmed as modified.

Thomas K. Macomber, under appointment by the Court of Appeal, for Defendant

and Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General,

Barry Carlton and James H. Flaherty III, Deputy Attorneys General, for Plaintiff and

Respondent.

1

Defendant Joseph Anthony Martinez is serving eight years in prison as a second-

striker after being convicted of using and possessing heroin on a single occasion, with

enhancements for prior prison terms. Defendant challenges the sentencing court’s

imposition of a $600 drug program fee despite the court’s findings that he did not have

the ability to pay the fee. The People concede the issue and this court agrees. We order