People v. Martinez CA4/2

INTRODUCTION

Defendant and appellant Hugo Martinez appeals the trial court’s order following a

full resentencing hearing pursuant to Penal Code1 section 1172.75. Counsel has filed a

brief under the authority of People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v.

California (1967) 386 U.S. 738 (Anders), requesting this court to conduct an independent

review of the record. We affirm with directions.

PROCEDURAL BACKGROUND

On July 9, 2008, a jury found defendant guilty of assault with a deadly weapon,

(§ 245, subd. (a)(1), count 1). {CT 16-17} In a bifurcated proceeding, the trial court

found true that defendant had sustained one prior prison term (§ 667.5, subd. (b)), one

prior serious felony conviction (§ 667, subd. (a)), and two prior strike convictions (§§

1170.12, subd. (a)-(d) & 667, subd. (b)-(i)). {CT 18-19} On January 30, 2009, the court

sentenced defendant to an indeterminate term of 25 years to life, plus five years for the

prior serious felony conviction and one-year term for the prior prison term enhancement,

for a total term of 31 years to life in state prison. The court ordered 1031 days of custody

credits (955 actual plus 76 conduct). {CT…