P. v. Martinez
A jury found defendant Paul Theodore Martinez guilty of (1) willfully and unlawfully attempting by means of threats and violence to deter and prevent an executive officer from performing his duties (Pen. Code, 69);[1](2) carrying a concealed dirk or dagger ( 12020, subd. (a)(4)); (3) possessing a controlled substance (Health & Saf. Code, 11377, subd. (a)); and (4) actively participating in a criminal street gang with knowledge that the gang members engage in a pattern of criminal activity, and willfully promoting, furthering, or assisting in felonious criminal conduct by gang members ( 186.22, subd. (a)). The trial court found true the allegations that defendant suffered (1) a prior felony conviction that resulted in a prison term ( 667.5, subd. (b)); (2) a prior serious felony conviction ( 667, subd. (a)); and (3) a prior strike conviction ( 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)). The court sentenced defendant to state prison for a term of 10 years.
Defendant makes three contentions. First, defendant contends the evidence supporting his conviction for participating in a street gang ( 186.22, subd. (a)) does not meet the substantial evidence standard. Second, defendant argues he was denied due process and a fair trial because improper criminal disposition evidence was admitted at trial, or, alternatively, that his trial counsel was ineffective for not objecting to the criminal disposition evidence. Third, defendant asserts the court abused its discretion by denying his Pitchess motion. Court affirm the judgment.
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