People v. Martinez CA4/2

STATEMENT OF THE CASE

On February 15, 1990, a felony complaint charged defendant and appellant David

Hurgen Martinez with second degree robbery under Penal Code1 section 211 (count 1).

The complaint also alleged that count 1 was a serious felony under section 1192.7,

subdivision (c)(19). On the same day, defendant pled guilty to count 1 and the court

sentenced defendant to the midterm of three years.

On June 7, 2023, defendant filed a pro. per. petition under sections 17, subdivision

(b), and 1203.4 to reduce his 1990 felony conviction to a misdemeanor. In his petition,

defendant wrote: “A vehicle was taken by myself & others without owners[’] approval. I

was already serving a 6 year sentence for possession/controlled substance so I took a deal

for ‘robbery 2nd’ after public defender stated no need to fight charges since the time

would run concurrent with the 6 yrs.”

On July 21, 2023, at the hearing on defendant’s petition, the People argued that

defendant is “ineligible due to the charges, and he’s also ineligible because he needs to

have been out of custody for two years.”2 When the court asked defense counsel if he

had any comments, counsel stated: “No, your…