P. v. Martin

Filed 4/6/06 P. v. Martin CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

Richard Kenneth Martin III, timely appeals from a June 27, 2005 judgment sentencing him to 20 years in state prison pursuant to a plea agreement. On May 12, 2005, Martin pleaded no contest to seven counts of lewd acts on a minor under fourteen. (Pen. Code § 288, subd. (a).) Martin's appellate counsel has filed a brief under People v. Wende (1979) 25 Cal.3d 436 identifying no potentially arguable issues. We have reviewed the entire record, and we agree with counsel's assessment that there is no issue warranting further briefing.

According to the probation report, Martin's girlfriend had a 13-year-old sister. While the 13-year-old was visiting for the summer, Martin repeatedly sexually molested her, including with another man (who was later charged as Martin's co-defendant). When the 13-year-old victim returned home, she told a friend about what had happened. Martin later admitted to his girlfriend he had sex with the victim, but said it had been consensual.

The amended information charged Martin with 16 counts of sexual offenses against a minor, including seven separate counts of lewd acts on a minor under fourteen. On March 18, 2004, Martin's motion to dismiss pursuant to Penal Code section 995 was denied. The court found there was no abuse of discretion or error in allowing a detective to testify at the preliminary hearing regarding a telephone call with the victim, and there was a rational inference that two of the counts of the information (for forcible oral copulation and for aggravated sexual assault of child – oral copulation) were committed by force.

Martin filed four separate motions to discharge his appointed attorney pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden), each of which was denied. After Martin's August 11, 2004 Marsden motion was denied, the court granted Martin's request to proceed in propria persona pursuant to Faretta v. California (1975) 422 U.S. 806 (Faretta). Martin later sought to withdraw his Faretta motion and counsel was appointed for him on November 30, 2004. His fourth and final Marsden motion was denied on December 21, 2004.

On May 12, 2005, Martin completed a written waiver of rights form and entered no contest pleas to seven counts of Penal Code section 288, subdivision (a), in exchange for an agreed-upon disposition of 20 years in state prison. On June 27, 2005, pursuant to the plea agreement, the trial court sentenced Martin to a total of 20 years in prison, consisting of eight years for the first count of lewd acts on a minor under fourteen (the upper term), plus six consecutive two-year terms for each of the other counts (one-third the middle term). (Pen. Code § 288, subd. (a).) The court imposed a $4,000 restitution fine (Pen. Code § 1202.4, subdivision (b)); imposed and suspended a $4,000 parole revocation restitution fine (Pen. Code § 1202.45); ordered Martin to pay a $20 security fee (Pen. Code § 1465.8) and a $350 attorney fee (Pen. Code § 987.8); and ordered DNA testing and sexual offender registration (Pen. Code § 290). Martin received presentence credit for 987 actual days in custody, plus 148 days local conduct credit, for a total of 1135 days.

DISPOSITION

The judgment is affirmed.

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Parrilli, J.

We concur:

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McGuiness, P. J.

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Siggins, J.

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