Martinez
People v. Martinez
Opinion
lead Opinion
Rubin, J.
Salvador Martinez appeals from the judgment sentencing him to state prison for violating probation. We affirm.
FACTS AND PROCEDURAL HISTORY
In April 2002, Salvador Martinez pleaded no contest in the San Fernando branch of Los Angeles Superior Court to possession of methamphetamine. (Health & Saf. Code, § 11377.) The court sentenced him under Proposition 36 to three years’ probation. (Pen. Code, § 1210 et seq.) In November 2002, he pleaded guilty to a second charge of possession of methamphetamine, and the San Fernando court sentenced him again under Proposition 36 to three years’ probation.
In April 2003, Martinez tried to cash at a North Hollywood check cashing store a $492 check to him drawn on the account of “Learning Independence.” Nothing on the face of the check suggested anything was amiss. Two years earlier, however, Learning Independence had thrown away a set of blank checks, one of which was the check that Martinez presented. Because the store’s cashier thought it odd that Martinez showed his California identification card instead of his driver’s license to confirm his identification, she faxed a copy of the check to her company call center. The call center…