Opinion
2d Crim. No. B232424
12-20-2011
THE PEOPLE, Plaintiff and Respondent, v. GEORGE MARTINEZ, Defendant and Appellant.
Bruce Zucker, under appointment by the Court of Appeal, for Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. 2010038915)
(Ventura County)
George Martinez appeals the judgment entered after a jury convicted him of making criminal threats (Pen. Code, § 422), misdemeanor elder abuse (§ 368, subd. (c)), and exhibiting a deadly weapon (§ 417, subd. (a)(1)). The jury also found that appellant personally used a deadly weapon, i.e., a knife, in making the criminal threats (§ 12022, subd. (b)(1)). The trial court sentenced him to three years in state prison and ordered him to serve a concurrent term of 180 days in county jail on the charge of misdemeanor elder abuse.
All further undesignated statutory references are to the Penal Code.
In October of 2010, appellant and his 83-year-old mother were living in an apartment in a senior complex center. Mae Alla Brookins lived in the same complex. On October 30, 2010, Brookins noticed that appellant had some moving boxes on his side of their shared garage. Brookins asked appellant if she could purchase some of the boxes, and he told her she could have them for free. Appellant assembled three of the boxes and placed them on Brookins' side of the garage.
The next day, Brookins went grocery shopping with her neighbor, Ray Quiroz. When Brookins returned to the apartment complex and drove her vehicle into the garage, appellant was there with his mother and a friend. As Brookins was pulling into her parking spot, she saw some boxes and asked whom they belonged to. Appellant denied that the boxes belonged to him, then kicked some of them. After Brookins exited her vehicle and started climbing into her motorized wheelchair, appellant said, "Bitch, I will cut that other leg off." Appellant reached down to his hip area, pulled out what appeared to be a knife, and thrust it forward. Appellant came toward Brookins with the knife and told her he was "not playing." Appellant also told Quiroz that if he wanted to "stick [his] nose in the middle of it, he would take care of [him] too."
We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, he filed an opening brief in which no issues were raised. On September 26, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received from appellant.
We have reviewed the record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 125-126.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
PERREN, J.
We concur:
YEGAN, Acting P.J.
COFFEE, J.
Jeff Bennett, Judge
Superior Court County of Ventura
Bruce Zucker, under appointment by the Court of Appeal, for Appellant.
No appearance for Respondent.