People v. Martinez CA2/8

Filed 9/9/20 P. v. Martinez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B300232

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA471830) v.

ELEGUA JESUS MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Ray G. Jurado, Judge. Affirmed as modified. Cindy Brines, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, David E. Madeo, Supervising Deputy Attorney General, and Thomas C. Hsieh, Deputy Attorney General for Plaintiff and Respondent.

____________ A jury found Elegua Jesus Martinez guilty of injuring his girlfriend, attempting to dissuade a witness, and contempt of court. His sentence included two prior prison term enhancements under Penal Code section 667.5, subdivision (b). His sole claim on appeal is the enhancements no longer apply and should be stricken due to Senate Bill No. 136 (2019–2020 Reg. Sess.) (SB 136). We order the enhancements stricken and otherwise affirm. All statutory citations are to the Penal Code. I We abbreviate the facts because Martinez’s single appellate claim does not turn on them. On July 17, 2018, Martinez hit and choked U.S., the woman with whom he had lived. We refer to the victim by her initials to protect her personal privacy interests. (Cal. Rules of Court, rule 8.90(b)(4).) Martinez admitted he injured U.S. A court ordered him not to contact her, but Martinez told U.S. not to come to court. A jury convicted Martinez of one count of injuring a cohabitant or girlfriend after he had a prior conviction for the same offense (§ 273.5, subd. (f)(1)), three counts of attempting to dissuade a witness (§ 136.1, subd. (a)(2)), and four counts of misdemeanor contempt of court (§ 166, subd. (c)(1)). Martinez admitted two prior felony convictions. The priors were for assault with a deadly weapon (§ 245, subd. (a)(1)) and injuring a spouse or cohabitant (§ 273.5). On May 31, 2019, the court sentenced Martinez to 18 years in state prison. For injuring a cohabitant or girlfriend, the court sentenced him to 14 years: the midterm of four years, doubled to eight years due to his prior strike (§§ 667, subds. (b)–(i), 1170.12),