Martinez

People v. Martinez

Good Law
2016 Cal. App. LEXIS 955·209 Cal. Rptr. 3d 480·5 Cal. App. 5th 234
Court of Appeal of CaliforniaOctober 12, 2016H042889California3,158 words

Opinion

Opinion

Bamattre-Manoukian, J.

I. INTRODUCTION

In May 2000, defendant Salvador Martinez, Jr., pleaded guilty to a charge that he committed a felony forgery in violation of Penal Code section 470, subdivision (a), by “signing] the name of another person [or] of a fictitious person, to [a] RECEIPT FOR GOODS.” Documents in the police report showed that defendant had signed someone else’s name on credit card receipts after making credit card purchases at a Chevron station.

In March 2015, defendant filed a petition for redesignation of his felony forgery offense as a misdemeanor under section 1170.18, subdivision (f), which was enacted in 2014 as part of Proposition 47. The trial court denied the petition on the ground that section 1170.18 does not apply to defendant’s specific forgery offense—a ‘“receipt for goods” forgery—because that offense is not listed as a misdemeanor in section 473, subdivision (b). On appeal, defendant contends that the trial court erred by finding his offense was not eligible for redesignation under section 1170.18, subdivision (1). For reasons that we shall explain, we will affirm the trial court’s order.

II. BACKGROUND

A complaint filed on April 26, 2000, charged defendant…

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