People v. Martinez-Urbina CA5

Filed 5/11/22 P. v. Martinez-Urbina 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082554 Plaintiff and Respondent, (Super. Ct. No. F19903277) v.

DINORAH LIZZETTE MARTINEZ-URBINA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Heather Mardel Jones, Judge. Nicholas Seymour, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Michael A. Canzoneri and George M. Hendrickson, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Snauffer, J. and DeSantos, J.

Defendant Dinorah Lizzette Martinez-Urbina pled no contest to driving with a blood-alcohol content of .08 percent or higher causing injury and two counts of child endangerment. The trial court granted her probation which included electronic and cellular device and financial record search terms. On appeal, defendant contends that her trial counsel was ineffective for failing to challenge as unreasonable and overbroad the terms of probation requiring her to submit to a search of her electronic and cellular devices and financial records. The People disagree. We affirm. PROCEDURAL SUMMARY On May 6, 2019, the Fresno County District Attorney filed a complaint, charging defendant with driving with a blood-alcohol level of .08 percent or higher causing injury (Veh. Code, § 23153, subd. (b); count 1), driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a); count 2), and two counts of child endangerment (Pen. Code, § 273a, subd. (a); counts 3 & 4). As to counts 1 and 2, the complaint further alleged that defendant caused great bodily injury to two children, one of whom was under the age of five years (Pen. Code, § 12022.7, subds. (a), (d)). On December 11, 2020, defendant pled no contest to counts 1, 3 and 4, and admitted the allegations as to count 1. She also agreed to waive any credits earned for participation in the “SCRAM X” alcohol monitoring program. In exchange, the trial court indicated that it would impose no initial state prison. The trial court then dismissed count 2 on the People’s motion. On March 2, 2021, the trial court suspended imposition of sentence and granted defendant probation with terms and conditions, including 300 days in jail, and search terms that extended to electronic devices and financial records. As a term of probation, defendant was required to submit to a search of her person and property, including financial records, vehicles, computers, handheld electronic and cellular devices, and home at any time without a warrant, and serve 300 days in custody. On March 22, 2021, defendant filed a notice of appeal.