People v. Martinez CA1/2

Filed 1/6/22 P. v. Martinez CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A159821

v. SAMUEL MARTINEZ, (Solano County Super. Ct. No. FCR348129) Defendant and Appellant.

A jury found defendant Samuel Martinez guilty as charged of second degree robbery, and the trial court sentenced him to five years in prison. Martinez raises claims of evidentiary, instructional, and sentencing error. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Around 7:30 p.m. on October 17, 2019, A.B. was walking by himself from his apartment to his parents’ place via the Linear Trail in Fairfield.1 He was going to his parents’ apartment to pick up some clothes and try to figure out what was wrong with his iPhone, which would not…