People v. Martin CA6

BACKGROUND

In February 2018, Martin appeared for arraignment, was appointed counsel, and pleaded no contest to forcible sodomy (Pen. Code, § 286, subd. (c)(2)(A)),1 admitting a prior serious or violent felony “strike” conviction under section 1170.12,

1 Undesignated statutory references are to the Penal Code. subdivision (c)(1) and waiving his right to appeal his “conviction, the judgment, and any other orders previously issued by this court.” The next month, Martin was sentenced per his agreement with the Monterey County District Attorney to 16 years in prison—the upper term of eight years, doubled due to his prior strike. The trial court also ordered Martin to pay a restitution fine of $4,800 (§ 1202.4, subd. (b)(2)) and direct victim restitution (§ 1202.4, subd. (f)) in an amount to be determined. Seven years later, in June 2025, Martin appeared for a contested restitution hearing before a different judge of the superior court. The sole disputed issue was the propriety of restitution claimed for the costs of therapy undergone by Doe’s mother from 2017 to 2022 and whether the therapy might have been attributable to some other cause not compensable here.2 Martin’s counsel…