Martinez
People v. Martinez
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.