P. v. Martinez CA2/8 filed 2/27/13 A

State: California

Court: California Eastern District Court

Docket No: B239550

Case Date: 02/27/2013

Plaintiff: P.

Defendant: Martinez CA2/8 filed 2/27/13 Case Details

Preview:Filed 2/27/13 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. AGUSTINE MARTINEZ, Defendant and Appellant.

B239550 (Los Angeles County Super. Ct. No. VA120779)

APPEAL from a judgment of the Superior Court of Los Angeles County. Leland H. Tipton, Judge. Affirmed.

Karlin & Karlin, and Marc A. Karlin for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Paul M. Roadarmel, Jr. and Steven D. Matthews, Deputy Attorneys General, for Plaintiff and Respondent.

___________________________

Agustine Martinez appeals from the trial court's denial of his motion to withdraw his guilty plea. Martinez, who is not a United States citizen, asserts on appeal that he received ineffective assistance of counsel because he was not advised of the immigration consequences of his guilty plea. We affirm the trial court's ruling. FACTS In a felony complaint dated July 19, 2011, Martinez was charged with one count of oral copulation/sexual penetration of a child under 10 and three counts of committing a lewd act upon a child. (Pen. Code,

Download B239550.PDF