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IN RE MARTINEZ

No. D063719.

223 Cal.App.4th 610 (2014)

167 Cal. Rptr. 3d 460

In re JOE MARTINEZ on Habeas Corpus.

Court of Appeals of California, Fourth District, Division One.

As modified February 7, 2014.

Attorney(s) appearing for the Case

William D. Farber , under appointment by the Court of Appeal, for Petitioner Joe Martinez.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Kristine A. Gutierrez and Warren Williams , Deputy Attorneys General, for Respondent the People.

OPINION

HUFFMAN, Acting P. J. —

In 2008, a jury convicted Joe Martinez for, among other things, inflicting corporal injury on his wife (Pen. Code,1 § 273.5, subd. (a)) and spousal rape (§ 262, subd. (a)(1)). The jury also found that Martinez had two prior strike convictions. The trial court sentenced Martinez to prison as a third strike offender to 25 years to life for the section 273.5, subdivision...

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