Court accepts plea, sentences Ezekiel Martinez to 180 days in state jail for evading arrest with prior

Judge Stephanie Boyd accepted a stipulation of evidence and found Ezekiel Martinez guilty of evading arrest or detention with a prior, a state-jail felony, then sentenced him to 180 days in a state jail facility under the parties’ plea agreement.

At a hearing on Martinez’s case, the defendant and defense counsel waived reading of the indictment and reviewed court admonishments. The court explained the statutory range for the offense (a state-jail felony) and the plea terms. Under the plea agreement entered on the record, the agreed sentence was 180 days in a state jail facility. The court said it would give Martinez credit for time already served and recommended placement in a therapeutic community.

Martinez confirmed he had reviewed discovery and the plea documents with defense counsel Richard Garcia. The court also confirmed Martinez understood the constitutional rights he was waiving by resolving the case by stipulation rather than jury trial, including rights to confrontation and to a jury. The court accepted the state’s exhibits and, after reviewing them, found sufficient evidence to enter a guilty finding consistent with the plea paperwork.

The court noted that because Martinez followed the plea agreement and waived appeal rights in writing, he would not be permitted to appeal the sentence except on narrow grounds limited to pretrial motions that had been filed, heard, and ruled upon. Martinez received credit for time served and the judge recommended the therapeutic community as part of the disposition.

Context: The offense — evading arrest or detention with a prior — carries a state-jail sentencing range; in this hearing the parties resolved the matter by plea, and the judge imposed the agreed sentence and memorialized waivers required by law.