People v. Martinez CA2/8

Filed 9/19/23 P. v. Martinez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B324493

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA116053) v.

IRVING MARTINEZ,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County. Chet L. Taylor, Judge. Affirmed. Susan Wolk, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________________________

Irving Martinez appeals from the trial court’s postjudgment order terminating his probation and sentencing him to a two-year term in state prison. Martinez’s appellate counsel filed a brief asking this court to proceed under People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. In a felony complaint filed on January 5, 2021, the Los Angeles County District Attorney’s Office charged Martinez with one count of carrying a concealed dirk or dagger (Pen. Code,1 § 21310), and one count of vandalism causing $400 or more in damage or destruction (§ 594, subd. (b)(1)). At the time the complaint was filed, Martinez had a number of prior convictions, including two convictions for robbery. On April 27, 2021, Martinez pled no contest to the felony vandalism count. The trial court accepted the plea and suspended imposition of the sentence. The court placed Martinez on formal probation for two years on the condition that he serve 180 days in the county jail. Martinez was awarded 34 days of custody credit, consisting of 17 days of actual custody credit and 17 days of conduct credit. The remaining count was dismissed pursuant to the plea. On July 22, 2022, Martinez failed to appear in court for a possible violation of probation. The trial court revoked the probation and issued a bench warrant for Martinez. On July 26, 2022, Martinez appeared in court, and the matter was set for a probation violation hearing. At a hearing on August 17, 2022, Martinez admitted to a violation of his probation. The trial court terminated Martinez’s