People v. Martinez CA6

I. BACKGROUND

A. The Charges In 2022 the Santa Clara County District Attorney charged Martinez with one count of felony cruelty to animals, along with prior conviction, prior prison term, probation, and unsatisfactory probation allegations (Pen. Code § 597, subd. (b)1; § 1170, subd. (b) [count 1]); and one misdemeanor count of possession of controlled substance paraphernalia (Health & Saf. Code, § 11364, subd. (a) [count 2].) B. The Trial At trial, the prosecution presented evidence that two plainclothes police officers, Mark Koska and Ryan Kim, conducted surveillance in the vicinity of St. James Park in San Jose on May 27, 2022, when they observed Martinez pick up a dog and throw it to the ground. Koska testified that Martinez picked up the dog “by the neck area” to “about shoulder/head level” and then quickly threw it. The dog landed on its back and then Martinez punched it twice in the abdomen area. Kim also testified that he “observed [Martinez] grab his dog, bring it to the sidewalk, throw it onto the ground, and punch it approximately two times in the abdomen area for the dog.” Koska and Kim broke their cover and Kim searched Martinez, discovering two types of…