Parties and Attorneys
In re MARTINEZ on Habeas Corpus
Case Number D036338
| Party | Attorney |
|---|---|
| Eduardo Martinez : Petitioner 44750 60th Street West B2-242 Lancaster, CA 93536 | Pro Per |
| The People : Respondent | Office Of The State Attorney General 110 West "A" Street San Diego, CA 92101 Office Of The District Attorney Appellate Division P. O. Box X-1011 San Diego, CA 92112 |
Case Summary
Trial Court Case:
SCD139920
Court of Appeal Case:
D036338
Division:
Case Caption:
In re MARTINEZ on Habeas Corpus
Case Type:
CR
Filing Date:
09/14/2000
Completion Date:
01/12/2001
Oral Argument Date/Time:
Docket (Register of Actions)
In re MARTINEZ on Habeas Corpus
Case Number D036338
| Date | Description | Notes |
|---|---|---|
| 09/14/2000 | Petition for a writ of habeas corpus filed. | |
| 01/12/2001 | Order denying petition filed. | The petition for writ of habeas corpus has been read and consideredby Presiding Justice Kremer and Associate Justices Haller & McIntryeThe court has taken judicial notice of Martinez's direct appeal(D033568). (Evid. Code, 459.). Martinez was convicted of two countsof burglary, admitted two strikes and one prison prior and receiveda sentence of twenty-six years to life. Martinez appealed raisinginsufficiency of the evidence and cruel and unusual punishment. Weissued an opinion affirming the judgment on April 12, 2000. TheSupreme Court denied review on June 21, 2000. By this petition,Martinez begins by arguing the "time don't fit the crime." Here, hefaults the prosecutor and trial court for relying on an uncertifedcopy of the abstract of judgment for the strikes. He also argues 26years to life for burglarizing a shed is cruel and unusual punishmentin violation of the Eighth Amendment and charges defense counsel withineffective assistance for failing to preserve his cruel and unusualpunishment claims. Martinez refers to nothing in the record withregard to the uncertified copies. More the the point, absent anyadditional evidence, Martinez's admission of the strikes and prisonprior after admonishment by the court bars further attack. Weconsidered Martinez's cruel and unusual punishment issues on thedirect appeal and determined the term did not violate theconstitutional prohibition. Martinez may not revisit the same claimson habeas corpus. (In re Harris (1993) 5 Cal.4th 813, 825.). Next,Martinez argues defense counsel provided ineffective assistancebecause he failed to call Gerardo Dominguez to the stand to impeachthe People's identification witness. Martinez has not alleged whatparticular facts Dominguez would have provided had he been called totestify. (In re Swain (1949) 34 Cal.2d 300, 304.) **MORE See Order**The petition is denied. Haller, Acting P.J. |
| 01/12/2001 | Case complete. | |
| 01/17/2002 | Record sent to storage. |
Briefs
In re MARTINEZ on Habeas Corpus
Case Number D036338
No information found.
Future Scheduled Actions
In re MARTINEZ on Habeas Corpus
Case Number D036338
No information found.
Disposition
In re MARTINEZ on Habeas Corpus
Case Number D036338
Description:
Petition summarily denied by order
Date:
01/12/2001
Disposition Type:
Final
JAK
JAK
Publication Status:
Author:
Participants:
Case Citation:
none
Trial Court
In re MARTINEZ on Habeas Corpus
Case Number D036338
Trial Court Name:
San Diego County Superior Court - Main
County:
San Diego
Trial Court Case Number:
SCD139920
Trial Court Judge:
Lasater, Melinda
Trial Court Judgment Date: