People v. Martinez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

At approximately 10:28 p.m. on November 16, 2022, Martinez was a passenger in the back seat of a stolen car stopped by police in Salinas following a pursuit. After the car stopped momentarily, Martinez got out and ran. Police soon found Martinez close to a local residence, as well as a loaded firearm nearby, which police determined had been used to steal the car earlier that evening. On November 18, 2022, the Monterey County District Attorney filed a complaint against Martinez, along with codefendants, charging him with unlawful felony possession of a firearm by a person who had been adjudged a ward of the juvenile court for an offense listed in Welfare and Institutions Code section 707, subdivision (b) (count 9), with a prior strike adjudication under section 1170.12, subdivision (c)(1), and misdemeanor resisting arrest (count 10). On August 4, 2023, Martinez entered a negotiated plea agreement for a “low-term top” of 32 months prison in exchange for his plea of no contest to count 9 and admission of the strike prior. Prior to sentencing, Martinez filed a motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, requesting…