People v. Martinez CA2/7

Filed 10/27/15 P. v. Martinez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B258719

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA128843) v.

RICARDO MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Ricardo R. Ocampo and Laura R. Walton, Judges. Affirmed. Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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On August 8, 2013, Ricardo Martinez was charged in an information with possession for sale of methamphetamine (Health & Saf. Code, §§ 11378, count 1), 1 possession of methamphetamine with a firearm (§ 11370.1, subd. (a), count 2), possession for sale of cocaine (§ 11351, count 3), possession for sale of heroin (§ 11351, count 4), possession for sale of marijuana (§ 11359, count 5), unlawful possession of ammunition (Pen. Code, § 30305, subd. (a)(1), count 7) and possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1), counts 6, 8, 9, & 10). The information specially alleged as to count 1, the methamphetamine exceeded 1 kilogram by weight within the meaning of section 11370.4, subdivision (a), and as to counts 1, 3, 4, and 5, Martinez had suffered three prior convictions within the meaning of section 11370.2, subdivision (a). Martinez pleaded not guilty and denied the special allegations. On November 6, 2013, Martinez filed a motion to unseal and quash the search warrant and to suppress evidence pursuant to People v. Hobbs (1994) 7 Cal.4th 948. The trial court denied the motion on December 6, 2013 following an in camera hearing with the investigating officer. On January 30, 2014, the court provided Martinez with a redacted copy of the affidavit and ordered it filed under seal. Pursuant to an agreement negotiated on July 8, 2014, Martinez pleaded no contest to possession of methamphetamine in excess of one kilogram, possession of methamphetamine with a firearm, possession of heroin, and one count of possession of a firearm by a felon and admitted having suffered two prior convictions within the meaning of section 11370.2.2 At the time he entered his plea, Martinez was advised of his constitutional rights and the nature and consequences of the plea, which he stated he understood. Defense counsel joined in the waivers of Martinez’s constitutional rights. The trial court expressly found Martinez’s waivers and plea were voluntary, knowing and intelligent.