P. v. Martinez
In a negotiated disposition following the denial of his suppression motion, defendant Jesus David Martinez pleaded guilty to possession of methamphetamine for sale (Health & Saf. Code, § 11378) and admitted a gang enhancement allegation (Pen. Code, § 186.22, subd. (b)(1)).[1] He was sentenced to 40 months in prison.
On appeal, defendant contends that (1) the trial court prejudicially erred in denying his suppression motion (§ 1538.5); (2) to the extent that motion was inadequate, his trial counsel was prejudicially deficient in failing to move to suppress “a cell phone found on [defendant’s] person, text messages found on the phone, additional drugs found in the car driven by [his codefendant], and statements made by [him and his codefendant]â€; (3) the trial court’s failure to apply the October 1, 2011 version of section 4019 retroactively violated his right to equal protection; (4) the trial court erred “in imposing a $200 fee†under Health and Safety Code section 11372.5, subdivision (a); and (5) the abstract of judgment must be corrected to reflect a $600 restitution fine. We reject defendant’s first three claims but conclude that the last two have merit. We modify and affirm the judgment.
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