People v. Martinez CA5

BACKGROUND AND PROCEDURAL HISTORY3

In 2005, Martinez was sentenced to an aggregate term of 44 years, four months, based on multiple felony convictions in Los Angeles Superior Court case No. BA269182 (“2005 Case”). On appeal, the sentence was modified to 39 years, four months. (People v. Martinez (Feb. 21, 2006, B185352) [nonpub. opn.].) While serving the sentence in the 2005 Case, Martinez was charged and pled no contest to possessing methamphetamine while in prison (§ 4573.6) in the present case. In 2008, Martinez was sentenced to a consecutive term of eight years on the charge of possessing methamphetamine while in prison, plus an additional two years based on two prior prison term enhancements pursuant to section 667.5, former subdivision (b) (“2008 Case”). While still in prison, Martinez was charged and convicted in Imperial County Superior Court case No. JCF27554 of assault with a deadly weapon by a prisoner (§ 4501). In 2011, Martinez was sentenced to a consecutive prison term of four years (“2011 Case”).4 On April 7, 2023, Martinez filed a pro per motion for resentencing pursuant to section 1172.75. Counsel was appointed for defendant, and on July 28, 2023, counsel filed a…