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People v. Martinez

California Court of Appeals, Fourth District, Second Division

May 28, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
GUILLERMO ANTONIO MARTINEZ, Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County No. FVA1200579. Steven A. Mapes, Judge.

Page 760

[Copyrighted Material Omitted]

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Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Anthony Da Silva and Peter Quon, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RAMIREZ, P. J.

Pursuant to a plea agreement, defendant and appellant Guillermo Antonio Martinez pled no contest to resisting an executive officer (Pen. Code, § 69).[1] In return, defendant was sentenced him to county prison for two years (one year suspended) with credit for time served, plus one year of mandatory supervision under various terms and conditions. On appeal, defendant challenges two of his mandatory supervision conditions. For the reasons explained below, we will modify the supervision condition concerning presence in a court building. As modified, we will affirm the order imposing the conditions of supervision, including the challenged gang condition.

I

FACTUAL AND PROCEDURAL BACKGROUND[2]

On April 24, 2012, after receiving a dispatch call about a disturbance, Fontana police officers drove to a residence in Fontana and contacted defendant’s mother. Defendant’s mother informed the officers that she took defendant’s baseball cap because defendant took her cellular telephone and would not return it to her. Defendant, who was 23 years old at the time, arrived while his mother was talking to the officers.

One of the officers separated defendant from his mother and began questioning him about the events leading to the disturbance. While asking defendant questions, defendant showed the officer his tattoos and said that he no longer “‘hangs out with the neighborhood.’” As the officer was looking at defendant’s tattoos, defendant lunged at and grabbed the officer’s collar, and told the officer “‘[f]uck you.’” Defendant then began fighting the officer. Defendant was arrested.

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On May 1, 2012, defendant was charged with felony resisting an executive officer in violation of section 69.

On August 23, 2012, defendant pled no contest to the charge.

Defendant informed the probation officer that he was 14 years old when he became a member of the Calle Townsend gang in Orange County and that he was 20 years old when he ended his ...


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