People v. Martinez CA6

Filed 6/5/25 P. v. Martinez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051286

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 179119)

v.

BRANDON GENE MARTINEZ,

Defendant and Appellant.

A jury convicted defendant Brandon Gene Martinez of first degree murder in 1997. He petitioned for resentencing under Penal Code section 1172.6. The trial court denied the petition without an evidentiary hearing after it determined defendant was ineligible for relief under the statute as a matter of law. Finding no prejudicial error, we will affirm the order denying the resentencing petition.

I. TRIAL COURT PROCEEDINGS

Defendant and a codefendant, Hayward Simon, Jr., were each charged with murder and…