P. v. Martinez 1/25/08 CA2/8

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B195582

Case Date: 04/30/2008

Preview:Filed 1/25/08 P. v. Martinez CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

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

B195582 (Los Angeles County Super. Ct. No. PA056230)

APPEAL from a judgment of the Superior Court of Los Angeles County. Ronald S. Coen, Judge. Affirmed. Laura S. Kelly, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and Colleen M. Tiedemann, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Guillermo Martinez appeals from the judgment entered following a jury trial that resulted in his conviction of possession of heroin for sale. He contends: (1) the trial court erred in admitting evidence of uncharged crimes; (2) the unanimity instruction was improper; (3) even if individually harmless, these errors were cumulatively prejudicial; (4) imposition of the upper term violated the principals set forth in Apprendi v. New Jersey (2000) 530 U.S. 466, 490 (Apprendi). We affirm. PROCEDURAL BACKGROUND Defendant and Manuel Martinez were jointly charged by information with possession of heroin for sale on July 13, 2006 (Health & Saf. Code,

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