People v. Martinez CA4/2

FACTS AND PROCEDURE

On October 7, 2012, sheriff’s deputies found defendant passed out in an alley.

Defendant had a hypodermic needle in his possession with a brown substance in it that

later tested to be a usable amount of heroin. Defendant admitted to having injected

heroin earlier that day and to being a daily user. A urine test confirmed that he had

recently used.

On December 4, 2013, a jury convicted defendant of possessing a controlled

substance (Health & Saf. Code, § 11350),1 being under the influence of a controlled

substance (§ 11550, subd. (a)) and possessing drug paraphernalia (§ 11364.1). Defendant

admitted to having four prison term priors (Pen. Code, § 667.5, subd. (b)) and one strike

prior (Pen. Code, §§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)).

On January 6, 2014, the trial court sentenced defendant to serve eight years in

prison as follows: the midterm of two years for drug possession, doubled to four years

1 All section references are to the Health and Safety Code unless otherwise indicated.

2 for the strike prior, plus four consecutive one-year sentences for the prison term priors.

The sentences on the other two counts were to be served…