People v. Martinez CA4/3

Filed 9/8/21 P. v. Martinez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G059624 Plaintiff and Respondent, (Super. Ct. No. 04CF1271) v. OPINION LUIS MARTINEZ,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Cheri T. Pham, Judge. Affirmed. Christopher Love, under appointment by the Court of Appeal, for Defendant and Appellant; Luis Martinez, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

Defendant Luis Martinez appeals from the trial court’s denial of his petition 1 for resentencing filed pursuant to Penal Code section 1170.95. That petition was denied on September 9, 2020. We appointed counsel to represent Martinez on appeal. After conducting his analysis of potential appellate issues, counsel has informed us in his declaration that he has reviewed the appellate record, and consulted with a staff attorney at Appellate Defenders, Inc. Counsel then filed a brief pursuant to the procedures set forth in People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738. While not arguing against his client, counsel set forth the facts of the case and advised us he was unable to find an issue to argue on defendant’s behalf. Counsel then advised Martinez of his right to file a written argument on his own behalf. Martinez filed a statement with this court on June 11, 2021, which he captioned “The Day I Committed My Life Crime.”

FACTS The relevant facts related to this appeal can be summarily set forth. In 2004, the Orange County District Attorney filed an Information alleging that Martinez and two other individuals committed murder (count 1; § 187, subd. (a)) and street terrorism (count 2; § 186.22, subd. (a)). It was further alleged that the murder was gang related (§ 186.22, subd. (b)), and that each of the defendants was a gang member who vicariously discharged a firearm which resulted in the death of the victim (§ 12022.53, subds. (d) & (e)(1)). Counsel was appointed to represent Martinez; he then entered pleas of not guilty to each of the charges, and he denied the special allegations. Martinez went to trial; mid-trial he elected to change his plea. On May 26, 2005, he pleaded guilty to first degree murder. In exchange, the district attorney agreed to dismiss count 2 and to strike the enhancements.