People v. Martinez CA4/2

Filed 1/26/24 P. v. Martinez CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE,

Plaintiff and Respondent, E082279

v. (Super.Ct.No. RIF148701)

GERARDO MARTINEZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Thomas E. Kelly, Judge.

(Retired judge of the Santa Cruz Super. Ct. assigned by the Chief Justice pursuant to

art. VI, § 6 of the Cal. Const.) Appeal dismissed.

Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant and appellant Gerardo Martinez appeals the order of the Riverside

County Superior Court denying his petition for resentencing made pursuant to Penal

Code section 1172.6.1

BACKGROUND2

In April 2011, a jury convicted defendant of first degree murder in violation of

section 187, subdivision (a) and the court trial sentenced him to a term of 25 years to life