People v. Martinez CA2/8

Filed 2/10/23 P. v. Martinez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B320138

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. BA487715 & v. BA488695)

SAUL RAFAEL MARTINEZ,

Defendant and Appellant.

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

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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In December 2020, defendant and appellant Saul Rafael Martinez agreed to plead no contest to charges he faced in two different cases. After waiving his rights on the record, defendant pled no contest to one count of taking or driving a vehicle without consent (Veh. Code, § 10851, subd. (a)) and one count of carrying a loaded handgun (Pen. Code, § 25850, subd. (a)). Counsel joined in the waivers and stipulated to a factual basis for the plea. The court found defendant’s waivers to be knowingly and voluntarily made, accepted defendant’s plea and found him guilty of both counts. In accordance with the plea agreement, the court suspended imposition of sentence, placed defendant on three years formal probation and awarded him 222 days of custody credits. Less than a year later, defendant was arrested at a suspected illegal gambling operation where firearms were present and in possession of methamphetamines. At a hearing on September 8, 2021, the court revoked probation in both cases pending a formal hearing and held defendant in custody with no bail. At the probation violation hearing in November 2021, the court heard testimony from several officers and argument from counsel. The court found the prosecution met its burden of demonstrating defendant’s willful violation of the terms of probation and revoked defendant’s probation in both cases. Defendant was present with counsel at the sentencing hearing on February 28, 2022. The court imposed a two-year middle term in case No. BA487715 (carrying a loaded firearm) and an eight-month consecutive term (one-third the middle term) in case No. BA488695 (driving a vehicle without consent) for a