People v. Martinez CA5

INTRODUCTION

Appellant/defendant Francisco Martinez filed a motion to reduce his felony conviction to a misdemeanor and for resentencing pursuant to Proposition 47. The court denied the motion based on the circumstances of his prior plea agreement. On appeal, his

* Before Kane, Acting P.J., Detjen, J. and Franson, J. appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.

FACTUAL AND PROCEDURAL HISTORY

As defendant notes, the record of conviction before this court does not state the factual basis for the charged offenses. The complaint alleged that on or about December 4, 2014, defendant possessed methamphetamine for sale and sold or transported methamphetamine. At the hearing on defendant’s petition pursuant to Proposition 47, the parties discussed the underlying offenses based on statements in the police report. The prosecutor stated defendant was found in possession of 14 grams of methamphetamine. Defendant also had $200 in counterfeit bills and over $900 in United States currency.1 The charges On or…