People v. Martinez CA5

Filed 9/17/20 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F078848 Plaintiff and Respondent, (Super. Ct. No. F17906422) v.

ARMANDO MARTINEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. John F. Vogt, Judge. Karriem Baker, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Harry Joseph Colombo, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P.J., Smith, J. and Snauffer, J.

Defendant Armando Martinez contends on appeal that the three stayed one-year prior prison term enhancements, imposed based on his prior felony convictions for nonsexually violent offenses, should be stricken pursuant to the amendment to Penal Code section 667.5, subdivision (b),1 effected by Senate Bill No. 136 (2019-2020 Reg. Sess.) (Senate Bill 136). The People concede the enhancements should be stricken. We accept the People’s concession and strike the prior prison term enhancements. In all other respects, we affirm. PROCEDURAL SUMMARY On December 26, 2017, the Fresno County District Attorney charged defendant with assault with a deadly weapon (§ 245, subd. (a)(1); count 1). The information alleged defendant personally inflicted great bodily injury in committing count 1 (§ 12022.7, subd. (a)). The information further alleged defendant had suffered a prior felony “strike” conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), had suffered a prior serious felony conviction (§ 667, subd. (a)), and had served three prior prison terms (§ 667.5, subd. (b)). On December 12, 2018, the jury found defendant guilty and the great bodily injury enhancement true. On the same date, defendant admitted that he had served three prior prison terms and had suffered a prior strike conviction. On January 1, 2019, the trial court sentenced defendant to an aggregate term of 16 years as follows: the court imposed the aggravated term of four years, doubled to eight years based on the prior strike conviction, plus a consecutive five-year enhancement based on the prior serious felony conviction, plus a consecutive three-year enhancement based on the infliction of great bodily injury. The court also imposed and then stayed three one-year prior prison term enhancements.2