Martinez

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural background On April 9, 2009, the Santa Clara County District Attorney filed an information charging Martinez with one felony count of inflicting corporal injury on the mother of his child (§ 273.5, subd. (a), count 1), one felony count of unlawful sexual intercourse with a 2 minor (§ 261.5, subd. (c), count 2), and one misdemeanor count of unlawful removal or damage to a wireless communication device (§ 591.5, count 3). In connection with count 1, the information further alleged that Martinez personally inflicted great bodily injury on the victim, within the meaning of sections 12022.7, subdivision (e) and 1203, subdivision (e)(3). On June 10, 2009, Martinez entered into a plea agreement and pleaded no contest to all three counts in exchange for dismissal of the great bodily injury enhancement as well as a sentence not to exceed two years. At sentencing, the trial court suspended imposition of sentence and placed Martinez on formal probation for three years with conditions, including that he serves a sentence of one year in county jail. In 2016, after completing probation, Martinez moved to reduce his felony charges and clear…