Filed 8/21/26 P. v. Martinez CA6
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE, H053766
(Santa Clara County
Plaintiff and Respondent, Super. Ct. No. C2506598)
v.
ANTHONY JESSIE MARTINEZ,
Defendant and Appellant.
A jury convicted defendant Anthony Jessie Martinez of simple assault. The trial
court sentenced Martinez to 180 days in county jail.
On appeal, Martinez’s appointed counsel has filed a brief pursuant to People v.
Wende (1979) 25 Cal.3d 436 (Wende) that states the case and facts but raises no issues.
This court notified Martinez of his right to submit written argument on his own behalf
within 30 days. That period has elapsed, and we have received no response from
Martinez.
Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th
106 (Kelly), we have carefully reviewed the entire record and have determined that there
are no arguable issues on appeal that would result in a disposition more favorable to
Martinez. Accordingly, we will affirm the judgment.
I. FACTUAL AND PROCEDURAL BACKGROUND
A former roommate of Martinez testified that Martinez asked him to leave their
shared apartment. The roommate testified that he left but returned the next day to
retrieve his workbench from the apartment. As he was disassembling the workbench, he
heard Martinez yelling and Martinez then approached him holding a knife. The
roommate testified that Martinez grabbed his ponytail and cut it with the knife before
going to a different room. Moments later, the roommate testified, Martinez returned
holding “a branch which he was wielding as a bat.” The roommate described the item as
about four feet long with a diameter of one and a half inches, and he stated Martinez had
previously used it in practicing “[f]ighting maneuvers.” The roommate testified that
Martinez swung the branch at him, repeatedly striking him in the head and upper torso.
The roommate testified that he suffered lacerations, bruising, and a knot on his head,
resulting in dizziness and lack of focus. A police officer dispatched to the scene testified
that he observed injuries to the roommate’s head, hand, and chin, and that law
enforcement recovered the branch.
The prosecution charged Martinez by information with one count of assault by
means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). The
jury acquitted Martinez of the charged offense but convicted him of the lesser included
offense of misdemeanor simple assault (id., § 240). The trial court imposed a sentence of
180 days in county jail. The trial court also imposed various fines, fees, and assessments,
which it then waived or stayed based on Martinez’s inability to pay.
II. DISCUSSION
Pursuant to Wende, supra, 25 Cal.3d 436, and Kelly, supra, 40 Cal.4th 106, we
have carefully reviewed the entire record. We conclude there is no arguable issue on
appeal that would result in a disposition more favorable to Martinez. (Wende, supra, at
pp. 441-443.)
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III. DISPOSITION
The judgment is affirmed.
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_______________________________
Greenwood, P. J.
WE CONCUR:
_______________________________________
Grover, J.
______________________________________
Danner, J.
H053766 People v. Martinez