Martinez

In what must be the ultimate proof of that old cliché—only a fool has himself for a client—Salvador Martinez insisted on representing himself during trial. He lost. And, because this embezzlement conviction was his third “strike,” his sentence for this conviction was 25 years to life in prison. When the presiding justice of this court refused his demand on appeal to again represent himself, Martinez appealed all the way to the United States Supreme Court, which unanimously held he must have counsel on appeal. (See Martinez v. Court of Appeal of Cal., Fourth Appellate Dist. (2000) 528 U.S. 152 [ 120 S.Ct. 684 , 145 L.Ed.2d 597 ].) We then appointed an attorney, who now successfully convinces us in the appeal and the consolidated petition for writ of habeas corpus that the prosecution withheld material evidence impeaching a prosecution witness, thus violating Martinez’s due process rights. Because we agree with this argument, we reverse the judgment and grant the petition.

Facts

In January 1998, a criminal defense attorney, Lawrence Merryman, and his office manager, Juan Esquivel, hired Martinez for general office work. Merryman never authorized Martinez to deal with…