People v. Martinez CA2/6

Filed 4/27/16 P. v. Martinez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B264012 (Super. Ct. Nos. 2012021161, 2012022588, Plaintiff and Respondent, 2013024324, 2013035228, 2014017319) (Ventura County) v.

GREGORY FRANK MARTINEZ,

Defendant and Appellant.

Gregory Frank Martinez appeals an order denying his motions to disclose a sealed search warrant affidavit, and traverse and quash a search warrant. (People v. Hobbs (1994) 7 Cal.4th 948, 956.) We affirm. FACTUAL AND PROCEDURAL HISTORY On June 12, 2012, the Ventura County prosecutor charged Martinez with possession of methamphetamine, other drug-related crimes, and service of three prior prison terms. (Health & Saf. Code, § 11377, subd. (a); Pen. Code, § 667.5, subd. (b).)1 (Case No. 2012021161.) On June 20, 2012, Martinez was charged with possession of methamphetamine, being under the influence of a narcotic, and service of three prior prison terms. (Health & Saf. Code, §§ 11377, subd. (a), 11550, subd. (a); § 667.5, subd. (b).) (Case No. 2012022588.)

1 All further statutory references are to the Penal Code unless stated otherwise.

In each case, Martinez waived his preliminary hearing and constitutional rights, pleaded guilty to possession of methamphetamine, and admitted the prior prison term allegations. The trial court suspended imposition of sentence and placed Martinez on 36 months probation pursuant to section 1210.1. Between August 2013 and August 2014, the prosecutor again charged Martinez in three prosecutions with drug-related crimes, and with prison term and on- bail allegations. (Case Nos. 2013024324, 2013035228, 2014017319.) Sealed Affidavit Case No. 2013035228 concerned transportation and possession of heroin and methamphetamine for sale. (Health & Saf. Code §§ 11379, subd. (a), 11378, 11352, subd. (a), 11351, subd. (a).) Police officers had obtained a search warrant to search Martinez and any vehicle in which he was the driver or a passenger, based upon information the officers obtained from a confidential informant. A partly sealed affidavit supported the search warrant. Police officers executed the warrant and recovered heroin, methamphetamine, a scale, and drug paraphernalia in a vehicle in which Martinez was a passenger. Martinez later filed a motion to quash and traverse the search warrant pursuant to the Fourth and Fourteenth Amendments. He also filed a motion requesting the trial court to review the sealed search warrant affidavit in camera. On February 23, 2015, the trial court held an in camera hearing outside Martinez's presence, during which it received testimony and reviewed the sealed search warrant affidavit. The court then denied Martinez's request to disclose the affidavit as well as his asserted constitutional challenges to the search warrant. Plea, Conviction, and Sentencing Pursuant to a negotiated plea, Martinez withdrew his not guilty pleas in the three prosecutions and pleaded guilty to possession of ammunition by a felon, possession of methamphetamine for sale, and possession of heroin for sale. (§ 30305, subd. (a)(1); Health & Saf. Code, §§ 11378, 11351, subd. (a).) He also admitted the