Martinez

Filed 1/27/25

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B335936

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA036245) v.

ROGER MARTINEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Affirmed. Lenore De Vita, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Stephanie C. Brenan and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________ Roger Martinez appeals from the denial of his petition for resentencing under Penal Code 1 section 1172.6, formerly numbered 1170.95. Defendant argues it was error for a judge other than the judge who originally sentenced him to rule on his petition. We conclude this challenge is forfeited for failure to raise it below. Assuming arguendo he preserved his challenge, defendant fails to show prejudice. Accordingly, we affirm.

FACTUAL…