Opinion
F081992
08-10-2021
THE PEOPLE, Plaintiff and Respondent, v. GREGORIO RODRIGUEZ MARTINEZ, Defendant and Appellant.
John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of County. No. F18900067 F. Brian Alvarez, Judge.
John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
THE COURT [*]
Appointed counsel for appellant Gregorio Rodriguez Martinez asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Martinez was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. To date, we have not received anything from him. Finding no arguable error that would result in a disposition more favorable to Martinez, we affirm.
PROCEDURAL HISTORY
On August 16, 2018, Martinez was convicted by jury of infliction of corporal injury resulting in a traumatic condition on a cohabitant (Pen. Code, § 273.5, subd. (a), count 1) and making criminal threats (§ 422, count 3). He was acquitted of the charge of assault with a deadly weapon (§ 245, subd. (a)(1), count 2). Following a bench trial, the court found Martinez had suffered two prior convictions that qualified as strikes within the meaning of the “Three Strikes” law. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) Martinez was sentenced to the upper term of four years in state prison on count 1, doubled to eight years for his prior strikes. The trial court stayed a six-year sentence on count 3 pursuant to section 654.
All undefined statutory citations are to the Penal Code unless otherwise indicated.
On July 15, 2020, this court filed an unpublished opinion finding insufficient evidence to support the trial court's true finding on one of the two prior strike allegations. This court reversed the true finding on the strike and remanded the case back to the trial court for retrial of the strike allegation or a new sentencing hearing.
On November 2, 2020, the People elected not to retry the prior strike allegation. The trial court denied defense counsel's motion to strike the remaining prior strike pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, and sentenced Martinez to a term of eight years in state prison. The trial court stayed Martinez's sentence on count 3 pursuant to section 654. The trial court also imposed various fines and fees without objection by Martinez and in consideration of his ability to pay.
On November 2, 2020, Martinez filed a timely notice of appeal.
STATEMENT OF FACTS
The following statement of facts are taken, in relevant part, from this court's unpublished opinion in People v. Martinez (July 15, 2020, F078278 [nonpub. opn.]).
Martinez and G.V., longtime friends, began dating in 2015 and eventually lived together for two and a half years. On November 18, 2017, they had an argument, during which Martinez pulled G.V. to the ground and kicked her leg, which got bruised. Approximately a week later, G.V. told Reedley Police Officer Cesar Cardenas, who knew both G.V. and Martinez, about the incident. G.V. told Cardenas that Martinez had threatened her with a knife and told her he was going to “fuck [her] up.” G.V. and Martinez eventually reconciled.
DISCUSSION
After independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
[*] Before Detjen, Acting P.J., Meehan, J. and Snauffer, J.