Modification: People v. Martinez

THE PEOPLE,

Plaintiff and Respondent,

v.

BALTAZAR DIAZ MARTINEZ,

Defendant and Appellant.

2d Crim. No. B303086

(Super. Ct. No. 2017032341)

(Ventura County)

California Courts of Appeal

Second Appellate District

Division Six

Filed September 23, 2020

ORDER MODIFYING OPINION AND DENYING REHEARING

[CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on August 31, 2020, and certified for publication, be modified as follows:

1.       On page 3, last sentence of first partial paragraph ("We conclude that Martinez is entitled to request such relief from the trial court, and remand.") is deleted and replaced with:

We agree, and remand.

2.       On page 10, last sentence of first full paragraph ("Martinez must thus be afforded the opportunity to request that the two one-year prison priors be stricken from his sentence pursuant to S.B. 136.") is deleted and replaced with:

The two one-year prison priors must be stricken from his sentence. (People v. Conatser (2020) 53 Cal.App.5th 1223, 1230.)

3.       On pages 10-11, the section entitled "Remedy" is deleted in its entirety.

4.       On page 12, the first sentence of the disposition ("The matter is remanded to the trial court for the limited purpose of permitting Martinez the opportunity to request relief pursuant to S.B. 136.") is deleted and replaced with:

The matter is remanded to the trial court with directions to strike the two one-year sentence enhancements imposed pursuant to section 667.5, subdivision (b), and to resentence Martinez.

This modification changes the judgment.

Appellant's petition for rehearing is denied.

TANGEMAN, J.

GILBERT, P. J.

YEGAN, J.