People v. Martinez CA4/2

Filed 2/25/16 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E064172

v. (Super.Ct.No. RIF1202727)

HENRY SAMUEL MARTINEZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Rebecca L. Dugan,

Judge. Affirmed.

Eric Cioffi, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant Henry Martinez appeals from the superior court’s order denying in part

his petition for resentencing under Proposition 47 because the court determined the total

of the checks he received exceeded $950. We affirm.

1

PROCEDURAL BACKGROUND

On July 26, 2012, defendant pled guilty to receiving stolen checks (Pen. Code,

§ 496, subd. (a)), possessing methamphetamine (Health & Saf. Code, § 11377), and

misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364.1).1