P.

Filed 4/10/15 P. v Martinez CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C072529

v. (Super. Ct. No. 11F03439)

JUAN MARTINEZ,

Defendant and Appellant.

A jury found defendant Juan Martinez guilty of possessing a sharp instrument 1 while an inmate. (Pen. Code, § 4502, subd. (a).) The trial court then found true allegations defendant had sustained a prior strike conviction, and defendant was sentenced to serve six years in prison. On appeal, defendant contends imposition of restitution and parole revocation restitution fines in the amount of $240 constituted an ex post facto application of the law and must be reduced to the minimum amount of $200. The…