People v. Martinez CA3

Filed 4/27/22 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C092508

Plaintiff and Respondent, (Super. Ct. No. 14F04828)

v.

SALVADOR RAMON MARTINEZ,

Defendant and Appellant.

Defendant Salvador Ramon Martinez appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1170.95.1 Defendant argues the trial court erred when it found him ineligible for relief because he was convicted on a theory of provocative act murder. We disagree and affirm the order.

Further undesignated statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant’s Conviction In 2015, a jury found defendant guilty of one…