P. v. Martinez
The District Attorney of Los Angeles County filed an information charging defendant and appellant Victor Martinez (defendant) with two counts of violating Penal Code section 288.5, subdivision (a)[1](the child abuse case). The trial court thereafter amended the information by interlineation to add Count 3, violation of section 288, subdivision (a) (lewd act upon a child under the age of 14). Defendant entered a voluntary plea of no contest to Count 3, and was convicted on that Count. Counts 1 and 2 were dismissed. Defendant was placed on formal, supervised probation, and imposition of sentence on the child abuse case was suspended. Defendants probation included a condition that he was not to consume alcoholic beverages and was to stay out of places where they are the chief item of sale. Defendant was given 399 days of presentence custody credit, consisting of 267 days of actual credit and 132 days of conduct credit. Prior to the retrial of the murder case, the trial court decided to sentence defendant in the child abuse case. It sentenced defendant to the midterm of six years. Defendant was given 913 days of preentence custody credit comprised of (i) the 399 days of credit previously awarded; (ii) 447 days of additional actual custody credit; and (iii) 67 additional days of conduct credit.
The judgment is affirmed.
Comments on P. v. Martinez