People v. Martinez CA3

Filed 9/6/16 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(San Joaquin) ----

THE PEOPLE, C079469

Plaintiff and Respondent, (Super. Ct. No. SF123594A)

v.

JOSE MARTINEZ,

Defendant and Appellant.

On April 6, 2013, two males were seen climbing out the kitchen window of a residence in Stockton by neighbors who heard suspicious noises next door in their duplex. A short time later, police apprehended defendant and a minor, whose clothing, size, and stature matched those of the individuals seen leaving the residence. The minor was called as a prosecution witness and his testimony combined with prior statements to the police inculpated defendant.

1 Defendant was convicted of first degree residential…