People v. Martinez CA5

Filed 7/26/16 P. v. Martinez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F071297 Plaintiff and Respondent, (Super. Ct. No. BF158077A) v.

MICHAEL JOHN MARTINEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Steven M. Katz, Judge. Rex Adam Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Kane, J. and Detjen, J.

Appellant Michael John Martinez pled no contest to first degree residential burglary while another person was present (Pen. Code, §§ 459, 460, subd. (a), 667.5, subd. (c)(21))1 and he admitted a serious felony enhancement (§ 667, subd. (a)(1)), a hate crime enhancement (§ 422.75, subd. (a)), and allegations that he had a prior conviction within the meaning of the “Three Strikes” law (§ 667, subds. (b)-(i)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On October 29, 2014, Martinez went to his neighbor Sandra Johnson’s apartment and knocked on her front door, but Johnson, who is African-American, did not answer. Martinez went back to his apartment but soon returned while Johnson was in an upstairs room. Martinez yelled an obscenity and kicked in her front door. Johnson panicked and opened a window on the second floor so she could jump out of the apartment and escape. However, she remembered her son was in the apartment and ran to his room and got him. As she ran back to the window, she saw Martinez walk through the kitchen and out the front door. Johnson waited until Martinez walked back into his apartment before she ran out of her apartment and around the corner where she waited for police. Johnson returned to her apartment with the police officers. While Johnson was being interviewed, Martinez opened the door to his apartment. Johnson identified Martinez as the person who broke into her apartment and the officers arrested him. Martinez appeared to be under the influence of alcohol and initially denied breaking into Johnson’s apartment. However, in route to the jail he began making numerous derogatory and threatening comments about African-Americans. When asked why he broke into Johnson’s apartment, Martinez stated that he would have raped Johnson and