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People v. Martinez

California Court of Appeals, Third District, Butte
Oct 27, 2008
No. C058564 (Cal. Ct. App. Oct. 27, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. SERGIO G. MARTINEZ, JR., Defendant and Appellant. C058564 California Court of Appeal, Third District, Butte October 27, 2008

NOT TO BE PUBLISHED

Super. Ct. No. CM027965

BLEASE, J.

On September 7, 2007, defendant Sergio G. Martinez, Jr., and Johnnie Mosier got into an argument. As Mosier left the scene, defendant ran past Mosier and took a semiautomatic firearm from a vehicle. He then fired multiple shots at Mosier, hitting him once in the leg.

Defendant entered a negotiated plea of no contest to assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)). The court sentenced defendant to an upper term of nine years in prison, imposed various fines, and awarded 92 days’ credit (62 actual and 30 conduct).

Having failed to obtain a certificate of probable cause, defendant appeals.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: SCOTLAND, P. J. DAVIS, J.


Summaries of

People v. Martinez

California Court of Appeals, Third District, Butte
Oct 27, 2008
No. C058564 (Cal. Ct. App. Oct. 27, 2008)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. SERGIO G. MARTINEZ, JR.…

Court:California Court of Appeals, Third District, Butte

Date published: Oct 27, 2008

Citations

No. C058564 (Cal. Ct. App. Oct. 27, 2008)