Martinez

—California’s “Three Strikes” statutes provide for life imprisonment with a minimum term of at least 25 years for a conviction of any third felony after 2 or more prior convictions of what are deemed by statute to be “violent” (§ 667.5, subd. (c) ) or ’’serious” (§ 1192.7, subd. (c)) felonies. The third felony need not be violent or serious.

Defendant Ralph Joe Martinez pleaded no contest to the felonies of possessing methamphetamine (count 1; Health & Saf. Code, § 11377, subd. (a) ) and attempting by threat to deter an executive peace officer from carrying out his duty (count 5; § 69), and the misdemeanors of driving under the influence (count 2; Veh. Code, § 23152, subd. (a)), driving with a blood-alcohol level at least .08 percent (count 3; Veh. Code, § 23152, subd. (b) ), and using phencyclidine (count 4; Health & Saf. Code, § 11550, subd. (а) ).

Defendant also admitted having the following criminal history: a 1995 conviction of assault with personal use of a deadly weapon, after which he served a prison term (People v. Martinez (Super. Ct. Santa Clara County, 1985, No. 176512)), and 1985 convictions of robbery and attempted robbery, after which he served a prison…