Martinez

I. INTRODUCTION

Defendant Gabriel Martinez pleaded no contest in three separate cases to charges of making criminal threats to his wife’s housemate (Pen. Code, § 422)1, inflicting injury on his wife (§ 273.5), and stalking her (§ 646.9, subd. (a)). Defendant filed written objections to two proposed probation conditions and filed a motion under section 17, subdivision (b) (“17(b) motion”) to reduce to misdemeanors the convictions for making criminal threats and inflicting injury. At sentencing, when the trial court indicated that more time would be needed to determine whether the 17(b) motion was authorized by the plea bargain, defendant withdrew the motion under protest to obtain immediate release from custody. The trial court sustained his objection to one of the probation conditions and, pursuant to the negotiated disposition, placed defendant on three years’ probation in each of the two felony cases, and denied probation in the misdemeanor case. In the

1 Unspecified section references are to the Penal Code. misdemeanor case, the court sentenced defendant to 229 days in jail, the same amount of custody credit he had in that case. In the felony cases the court ordered 245 days…