People v. Martin CA4/3

Filed 8/26/16 P. v. Martin CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, G051610

v. (Super. Ct. No. 13CF2373)

OLIN JOHNSTON MARTIN, JR., OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Kimberly Menninger, Judge. Affirmed. Allison H. Ting, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Randall D. Einhorn and Marilyn L. George, Deputy Attorneys General, for Plaintiff and Respondent. * * *

INTRODUCTION Defendant Olin Johnston Martin, Jr., was convicted of forcible oral copulation, assault, and possession of cocaine, and sentenced to a term of 35 years to life. Martin challenges the trial court’s postjudgment order denying Martin’s motion to strike the prosecution’s Penal Code section 1203.01 statement that was filed over two months after Martin was sentenced. (All further statutory references are to the Penal Code unless otherwise specified.) Section 1203.01 establishes a procedure for the prosecution to convey information to the California Department of Corrections and Rehabilitation; such information might be relevant to future punishment decisions, including parole. (In re Minnis (1972) 7 Cal.3d 639, 650.) We affirm. The trial court had jurisdiction to accept the prosecution’s section 1203.01 statement for filing, and the statement was not otherwise untimely filed.