People v. Martinez CA3

Filed 7/9/24 P. v. Martinez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE,

Plaintiff and Respondent, C098137

v. (Super. Ct. Nos. 22F0534, 22F0571) MICHELLE LYNN MARTINEZ,

Defendant and Appellant.

Defendant Michelle Lynn Martinez was convicted of numerous offenses and sentenced to 23 years four months in state prison. The parties now agree, as do we, that the minute order and abstract of judgment do not reflect the trial court’s oral pronouncement of sentence, and that remand is appropriate to permit the trial court to change the unauthorized stay of an enhancement under Health and Safety Code section 11370.4, subdivision (b).1 We will vacate the sentence and remand the matter for a full resentencing.

1 Undesignated statutory references are to the Health and Safety Code.

1

BACKGROUND The People filed a consolidated information under lead case No. 22F0534 charging defendant with numerous counts arising from drug arrests and misconduct in jail in 2021 and 2022. Defendant waived a jury trial in exchange for a sentence not to exceed 22 years. Following a bench trial, the trial court found defendant guilty of possession of methamphetamine for sale (§ 11378 -- counts 1, 3, 14), transportation of methamphetamine for sale (§ 11379, subd. (a) -- counts 2, 4, 13), possession of fentanyl for sale (§ 11351 -- counts 5, 12), transportation of fentanyl for sale (§ 11352, subd. (a) -- counts 6, 11, ), possession of cocaine for sale (§ 11351 -- count 7), transportation of cocaine for sale (§ 11352, subd. (a) -- count 8), unlawful possession of ammunition by a felon (Pen. Code, § 30305, subd. (a)(1) -- count 9), possession of over 28.5 grams of cannabis (§ 11357, subd. (b)(2) -- a lesser included offense under count 10); possession of fentanyl in jail (Pen. Code, § 4573.6, subd. (a) -- count 15), bringing an illegal substance into jail (Pen. Code, § 4573.5 -- count 16), bringing contraband into jail (Pen. Code, § 4573, subd. (a) -- count 17), and misdemeanor possession of a device to inject or ingest a controlled substance (§ 11364, subd. (a) -- count 18). In addition, the trial court found true section 11370.4, subdivision (b) large-quantity enhancement allegations on counts 1 and 2 and also found that defendant had a prior strike conviction. It also found aggravating circumstances that defendant had served a prior prison term (California Rules of Court, rule 4.421(b)(3)) and that she was on postrelease community supervision when she committed a crime (id., rule 4.421(b)(4)). The trial court said it sentenced defendant in the consolidated matter and another case (case No. 22F2353) to an aggregate 23 years four months in state prison. As part of the aggregate sentence, the trial court imposed but stayed two three-year section 11370.4, subdivision (b) large-quantity enhancements.