Martinez

People v. Martinez

Caution
172 Cal. Rptr. 3d 320·2014 Cal. App. LEXIS 461·226 Cal. App. 4th 759·2014 WL 2199435
Court of Appeal of CaliforniaMay 28, 2014E058136California3,294 words

Opinion

Opinion

Ramirez, J.

Pursuant to a plea agreement, defendant and appellant Guillermo Antonio Martinez pled no contest to resisting an executive officer (Pen. Code, § 69). In return, defendant was sentenced to county prison for two years (one year suspended) with credit for time served, plus one year of mandatory supervision under various terms and conditions. On appeal, defendant challenges two of his mandatory supervision conditions. For the reasons explained below, we will modify the supervision condition concerning presence in a court building. As modified, we will affirm the order imposing the conditions of supervision, including the challenged gang condition.

I

FACTUAL AND PROCEDURAL BACKGROUND

On April 24, 2012, after receiving a dispatch call about a disturbance, Fontana police officers drove to a residence in Fontana and contacted defendant’s mother. Defendant’s mother informed the officers that she took defendant’s baseball cap because defendant took her cellular telephone and would not return it to her. Defendant, who was 23 years old at the time, arrived while his mother was talking to the officers.

One of the officers separated defendant from his mother and began questioning…

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