People v. Martinez CA2/1

California Court of Appeal Sep 9, 2015 No. B260393MUnpublished

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Holding. The court held that a defendant is ineligible for Proposition 36 resentencing if their commitment offenses are classified as serious or violent felonies under the law as of November 7, 2012.

Issues

Whether the classification of a commitment offense as serious or violent for Proposition 36 eligibility is determined as of the date of the offense or the effective date of the Act.
Whether a defendant is disqualified from resentencing on a non-serious offense if they have a concurrent commitment offense that is a serious or violent felony.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“In light of the California Supreme Court’s recent decision in People v. Johnson (2015) 61 Cal.4th 674 (Johnson), we necessarily affirm.”

Filed 9/9/15 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B260393

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA101245) v. ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] RICHARD MARTINEZ,

Defendant and Appellant.

THE COURT: The opinion issued on August 25, 2015, is hereby modified as follows: On page 2, the third sentence in the first paragraph under the heading “BACKGROUND” is replaced with the following sentence:

The court ultimately sentenced defendant to consecutive third-strike terms of 25 years to life, plus 15 years on each count for three section 667, subdivision (a)(1) prior serious felony enhancements.

There is no change in the judgment.

ROTHSCHILD, P. J. CHANEY, J. LUI, J.

Filed 8/25/15 P. v. Martinez CA2/1 (unmodified version) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

People v. Martinez CA2/1

AI Brief

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

THE PEOPLE, B260393

ROTHSCHILD, P. J. CHANEY, J. LUI, J.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

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RICHARD MARTINEZ,

ROTHSCHILD, P. J.

CHANEY, J.

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