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People v. Martinez

Court of Appeals of California, Sixth District.
Nov 10, 2003
No. H025632 (Cal. Ct. App. Nov. 10, 2003)

Opinion

H025632.

11-10-2003

THE PEOPLE, Plaintiff and Respondent, v. ANGEL JAYGALINDO MARTINEZ, Defendant and Appellant.


On April 29, 2002, felony complaint number CC246907 was filed charging defendant Angel Jaygalindo Martinez with making a criminal threat (Pen. Code, § 422 — count 1), assault with a deadly weapon (§ 245, subd. (a)(1) — count 2), and misdemeanor obstructing an officer (§ 148, subd. (a)(1) — count 3), all on April 25, 2002. The complaint further alleged that defendant had a prior juvenile adjudication for attempted robbery that qualified as a strike (§ 1170.12). On July 26, 2003, while represented by counsel, defendant waived his right to a preliminary hearing and entered into a negotiated disposition. The complaint was amended to add count 4, charging defendant with inflicting corporal injury on a spouse (§ 273.5), and defendant entered a plea of no contest to this charge and admitted the strike prior with the understanding that he would receive a four-year prison term.

Further statutory references are to the Penal Code unless otherwise stated.

On August 1, 2002, information number CC239359 was filed charging defendant with one count of assault with a deadly weapon on December 26, 2001. The information included allegations that defendant personally used a dangerous and deadly weapon, a knife, in the commission of the offense (§§ 667, 1192.7.), and that he personally inflicted great bodily injury (§§ 12022.7, subd. (a); 1203, subd. (e)(3)). The information further alleged that defendant had a prior juvenile adjudication that qualified as a strike. On October 2, 2002, the information was amended to allege that the prior strike was an assault with a deadly weapon with personal use of a knife. While represented by counsel, defendant entered a negotiated plea to the amended information on condition that he receive a total sentence of no more than nine years, but no less than seven, in both cases. It was also understood that defendant would be bringing a Romero motion. The matter was continued for sentencing on both matters.

People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

On January 27, 2003, the trial court heard and denied defendants written Marsden motion. The court also found that defendant had not shown good cause to withdraw his plea. After a brief recess, the court proceeded to sentencing. It first considered and denied defendants Romero motion in both cases. It then sentenced defendant to eight years in state prison, as recommended in the probation report.

People v. Marsden (1970) 2 Cal.3d 118.

We appointed counsel to represent the defendant in this court.

Appointed counsel has filed an opening brief which states the case but raises no specific issues. The defendant was advised by this court of his right to submit written argument within 30 days. The court has received a response from the defendant, which has been read and considered.

Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.

The judgment is affirmed.

WE CONCUR: Bamattre-Manoukian, Acting P.J. and Mihara, J.


Summaries of

People v. Martinez

Court of Appeals of California, Sixth District.
Nov 10, 2003
No. H025632 (Cal. Ct. App. Nov. 10, 2003)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ANGEL JAYGALINDO MARTINEZ…

Court:Court of Appeals of California, Sixth District.

Date published: Nov 10, 2003

Citations

No. H025632 (Cal. Ct. App. Nov. 10, 2003)