P. v. Martinez CA6 filed 8/21/26

Filed 8/21/26 P. v. Martinez CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

ANTHONY JESSIE MARTINEZ,

Defendant and Appellant.

H053766
(Santa Clara County
Super. Ct. No. C2506598)
A jury convicted defendant Anthony Jessie Martinez of simple assault. The trial court sentenced Martinez to 180 days in county jail.
On appeal, Martinez’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case and facts but raises no issues. Thiscourt notified Martinez of his right to submit written argument on his own behalf within 30 days. That period has elapsed, and we have received no response from Martinez.
Pursuant toWende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have carefully reviewed the entire record and have determined that there are no arguable issues on appeal that would result in a disposition more favorable to Martinez. Accordingly, we will affirm the judgment.

Factual and Procedural Background
A former roommate of Martinez testified that Martinez asked him to leave their shared apartment. The roommate testified that he left but returned the next day to retrieve his workbench from the apartment. As he was disassembling the workbench, he heard Martinez yelling and Martinez then approached him holding a knife. The roommate testified that Martinez grabbed his ponytail and cut it with the knife before going to a different room. Moments later, the roommate testified, Martinez returned holding “a branch which he was wielding as a bat.” The roommate described the item as about four feet long with a diameter of one and a half inches, and he stated Martinez had previously used it in practicing “[f]ighting maneuvers.” The roommate testified that Martinez swung the branch at him, repeatedly striking him in the head and upper torso. The roommate testified that he suffered lacerations, bruising, and a knot on his head, resulting in dizziness and lack of focus. A police officer dispatched to the scene testified that he observed injuries to the roommate’s head, hand, and chin, and that law enforcement recovered the branch.
The prosecution charged Martinez by information with one count of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). The jury acquitted Martinez of the charged offense but convicted him of the lesser included offense of misdemeanor simple assault (id., § 240). The trial court imposed a sentence of 180 days in county jail. The trial court also imposed various fines, fees, and assessments, which it then waived or stayed based on Martinez’s inability to pay.
Discussion
Pursuant to Wende, supra, 25 Cal.3d 436, and Kelly, supra, 40 Cal.4th 106, we have carefully reviewed the entire record. We conclude there is no arguable issue on appeal that would result in a disposition more favorable to Martinez. (Wende, supra, at pp. 441-443.)

Disposition
The judgment is affirmed.

_______________________________
Greenwood, P. J.

WE CONCUR:

_______________________________________
Grover, J.

______________________________________
Danner, J.

H053766 People v. Martinez