People v. Martinez CA3

BACKGROUND

The facts underlying Martinez’s convictions are not necessary for our discussion of the issues. Suffice it to say that Martinez’s appeal arises from two separate cases: case No. 22F00534 (case No. 534) and case No. 22F2353 (case No. 353). (People v. Martinez (July 9, 2024, C098137) [nonpub. opn.] (Martinez).) Case No. 534 alleged 18 counts for various drug-related offenses and jail misconduct. Following a court trial, Martinez was convicted on counts 1 through 9, and 11 through 18. The trial court convicted her of the lesser included offense on count 10. (Ibid.) In case No. 353, Martinez pled no contest to driving or taking a vehicle without the owner’s consent. (Veh. Code, § 10851.) She stipulated to a consecutive term not to exceed 16 months in prison. Original Sentencing At the original sentencing, based on a negotiated disposition, the trial court sentenced Martinez to 22 years in case No. 534, with sentences on nine counts stayed pursuant to Penal Code section 654.1 In case No. 353, the trial court sentenced Martinez to a consecutive term of one year four months, resulting in an aggregate sentence of 23 years four months. The court imposed the minimum mandatory…