People v. Martinez CA2/8

Filed 2/16/21 P. v. Martinez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B301401

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA149434) v.

JUAN ANTHONY MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Michael A. Cowell, Judge. Affirmed.

Patrick J. Hoynoski, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Michael Pulos and Britton B. Lacy, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Juan Anthony Martinez was found guilty of one count of possession of methamphetamine for sale and one count of transporting methamphetamine and sentenced to four years in state prison. The sole issue on appeal is whether the prosecutor made statements during closing argument that improperly shifted the burden of proof to defendant. We conclude defendant forfeited the contention and therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND On the evening of December 2, 2018, Los Angeles County Deputy Sheriff David Pantoja was on patrol in the city of Norwalk. He pulled defendant over for a traffic stop. Defendant was driving a car registered in his name and had three passengers with him. At some point, defendant and his passengers were ordered out of the car. Six baggies of a substance later determined to be methamphetamine were found in the car, plus $760 in cash and two cell phones. One baggie was visible on the center console, and the other baggies were in a box on the floor. The money and one phone were found in defendant’s pockets, and the other cell phone was on the driver’s seat. No pipes or other drug paraphernalia were found in the car and none of the occupants appeared to be under the influence of any drug at the time of the stop. Deputy Pantoja read defendant his rights and defendant agreed to speak with him. Defendant said the drugs were his, that he intended to sell them and that none of his passengers was involved or had knowledge of the drugs. Defendant was charged with one count of possession for sale of a controlled substance (methamphetamine) (Health & Saf. Code, § 11378; count 1) and one count of transportation of a