P. v. Martinez

Filed 3/6/06 P. v. Martinez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SIXTH APPELLATE DISTRICT

Defendant Michael Martinez was sentenced to prison for 25 years to life after a jury found him guilty of battery on a prison guard while incarcerated. On appeal defendant contends that the trial court erred by (1) permitting him to represent himself without advising him of the maximum penalty he faced, (2) ordering him to wear leg restraints and remain seated throughout the trial, (3) refusing to let him question a guard about a supposed conspiracy to assault prisoners, (4) failing to instruct the jury on self-defense and imperfect self-defense, and (5) instructing the jury on admissions. We find no reversible error, and affirm the judgment.

Background

In October 1999, defendant was sentenced in Los Angeles to two consecutive terms: life without possibility of parole for first degree murder, and 25 years to life for attempted murder. A term of 25 years to life for aggravated kidnapping was stayed pursuant to Penal Code section 654.

On July 11, 2003, while serving these sentences at Salinas Valley State Prison, defendant was the subject of a disciplinary hearing concerning searches of, and alleged seizures from, his cell. The hearing was conducted in a small office, with defendant sitting across a desk from the presiding officer, Lieutenant Lewis. Three other correctional officers were stationed near defendant: Officer Hjelden, three feet behind and to the left; Officer Koen, two feet directly behind; and Officer Sandquist, three feet behind and to the right. Hjelden testified at trial that defendant was â€