People v. Martinez CA5

Filed 9/26/16 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F071628 Plaintiff and Respondent, (Kern Super. Ct. No. DF011899A) v.

FRANCISCO PASCUAL MARTINEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Robert S. Tafoya, Judge. Gregory L. Cannon, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

INTRODUCTION Appellant/defendant Francisco Martinez filed a motion to reduce his felony conviction to a misdemeanor and for resentencing pursuant to Proposition 47. The court denied the motion based on the circumstances of his prior plea agreement. On appeal, his

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

appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTUAL AND PROCEDURAL HISTORY As defendant notes, the record of conviction before this court does not state the factual basis for the charged offenses. The complaint alleged that on or about December 4, 2014, defendant possessed methamphetamine for sale and sold or transported methamphetamine. At the hearing on defendant’s petition pursuant to Proposition 47, the parties discussed the underlying offenses based on statements in the police report. The prosecutor stated defendant was found in possession of 14 grams of methamphetamine. Defendant also had $200 in counterfeit bills and over $900 in United States currency.1 The charges On or about December 8, 2014, a felony complaint was filed which charged defendant with count I, transportation or sale of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), and count II, possession of methamphetamine for sale (Health & Saf. Code, § 11378). It was further alleged defendant had one prior strike conviction and two prior prison term enhancements. The plea proceedings On December 19, 2014, Judge Tafoya convened a hearing and stated the parties had reached a disposition for the case. Robin Wolfe was the prosecutor, and defendant was represented by Killain Jones.