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United States Court Cases

California Fourth Appellate District Division 1 Record

In re MARTINEZ on Habeas Corpus

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
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: