P. v. Martinez
A jury convicted defendant Randolph David Martinez of petty theft with prior theft convictions (Pen. Code, § 666)[1] (count 2).[2] Defendant admitted having suffered two prior convictions for purposes of count 2 and serving custodial time for both offenses. He admitted having suffered one prior serious or violent felony conviction within the meaning of sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d) and having suffered eight prior convictions within the meaning of section 667.5, subdivision (b).
After denying defendant’s Romero motion,[3] the trial court sentenced defendant to seven years in state prison. The sentence consisted of the high term of three years, doubled to six years because of the strike, plus one year pursuant to section 667.5, subdivision (b). The trial court exercised its discretion and struck the remaining enhancements under section 667.5, subdivision (b).
Defendant appeals on the grounds that: (1) reversal is required because the prosecutor argued facts outside the record; (2) the prosecutor committed misconduct by arguing that reasonable doubt was a lesser standard of proof; and (3) defendant suffered cumulative prejudice.
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