People v. Martinez CA3

Filed 10/28/21 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C092719

Plaintiff and Respondent, (Super. Ct. No. 107515)

v.

BONIFACIO MARTINEZ,

Defendant and Appellant.

In 1992, defendant Bonifacio Martinez pleaded no contest to second degree murder (Pen. Code, § 187, subd. (a))1 and attempted murder (§§ 664/187). He also admitted as to both counts that he personally used a firearm during the commission of the crimes. (§ 12022.5, former subd. (a).) That same day, the trial court sentenced defendant to state prison for an aggregate term of 18 years to life.

Undesignated statutory references are to the Penal Code.

1 In February 2019, defendant sought resentencing…