People v. Martinez CA5

INTRODUCTION

On March 20, 2019, appellant Daniel Martinez plead guilty to one count of premeditated attempted murder (Pen. Code,1 § 664/187, subd. (a)) and assault with a deadly weapon (§ 245, subd. (a)(1)). In addition, Martinez admitted that he had inflicted great bodily injury upon the victim in the commission of both crimes (§ 12022.7, subd. (a)), and that he had personally used a deadly weapon in the commission of the attempted murder (§ 12022, subd. (b)(1)). He was sentenced to a prison term of seven years to life. On March 27, 2023, Martinez filed a petition for resentencing seeking to vacate his conviction for premeditated attempted murder. The trial court appointed counsel to represent Martinez and set a briefing schedule on Martinez’s petition. The district attorney’s office filed a motion in opposition of Martinez’s petition, but Martinez’s appointed counsel did not. On July 25, 2023, the trial court denied Martinez’s petition, finding that he had failed to state a prima face case for resentencing relief. Appellate counsel for Martinez filed an opening brief summarizing the pertinent facts and raising no issues but asking this court to review the record independently.…