People v. Martinez CA5

FACTS AND PROCEDURAL HISTORY

Martinez’s petition alleged he was convicted of violating Health and Safety Code section 11350, subdivision (a), for which he currently serving a sentence. The district attorney opposed the petition, arguing Martinez posed an unreasonable risk of danger to public safety. At the hearing on the petition, it was established that when Martinez was 14 years old, a juvenile petition was sustained finding he had violated Penal Code sections 187 and 664 (attempted murder), with a gang enhancement, a firearm enhancement, and a great-bodily-injury enhancement. Martinez was sent to the California Youth Authority (now the Department of Juvenile Justice). In 2011, he was convicted of being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)), with a gang allegation being found true. At one point, although exactly when is unclear, Martinez was convicted of possession for sales (the applicable code section is not identified). The trial court denied the petition, finding that resentencing Martinez would pose an unreasonable risk to public safety.

DISCUSSION

The relevant portion of Proposition 47 is codified in Penal Code section 1170.18. This…