People v. Martinez CA2/4

BACKGROUND

In 2010, defendant was convicted of three counts of oral copulation and/or sexual penetration of a child under the age of 10 (§ 288.7, subd. (b); counts 1–3) and two counts of sexual penetration of a child under the age of 14 by foreign object (§ 289, subd. (j); counts 4–5). Defendant was sentenced to 45 years to life (counts 1–3) plus a concurrent 16-year term (counts 4–5). In January 2023, defendant filed a motion to obtain discovery materials “in anticipation of filing a petition for writ of habeas corpus” (capitalization omitted) under section 1054.9. The trial court appointed counsel who subsequently requested to take the discovery motion off calendar. The court granted the request. In June 2024, defendant filed a pro. per. motion seeking an in-camera hearing under People v. Marsden (1970) 2 Cal.3d 118 (Marsden), arguing appointed counsel was ineffective for taking

All subsequent references to statutes are to the Penal Code.

2 the discovery motion off calendar. In August 2024, defendant filed a petition for writ of habeas corpus in the trial court requesting the prosecution “provide more information about arrest and charging practices, sentencing outcomes,…