Filed 5/29/13 P. v. Polloreno CA2/7 

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA 

SECOND APPELLATE DISTRICT 

DIVISION SEVEN 

THE PEOPLE, 

 Plaintiff and Respondent, 

 v. 

MARTY LYN POLLORENO, 

 Defendant and Appellant. 

 B242579 

 (Los Angeles County 

 Super. Ct. No. KA095652) 

 APPEAL from a judgment of the Superior Court of Los Angeles County, 

Mike Camacho, Judge. Affirmed. 

 Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and 

Appellant. 

 No appearance for Plaintiff and Respondent. 

_____________________ 
2 

Marty Lyn Polloreno was charged in an information with the attempted willful, 

deliberate and premeditated murder of Ruben Pacheco (Pen. Code, §§ 187, subd. (a), 664, 

count 1)1 and assault with a deadly weapon (§ 245, subd. (a)(1), count 2). As to the 

attempted murder count it was specially alleged Polloreno had personally used a deadly 

weapon to commit the offense (§ 12022, subd. (b)(2)). As to both counts the information 

specially alleged Polloreno had personally inflicted great bodily injury on Pacheco in 

committing the offenses (§ 12022.7, subd. (a)). Represented by retained counsel, 

Polloreno pleaded not guilty to the charges and denied the special allegations. 

According to the evidence at trial, Polloreno confronted Pacheco outside 

Pacheco’s home and stabbed him. Pacheco required surgery for injuries to his abdomen 

and chest. The jury convicted Polloreno as charged and found true the special 

allegations. 

The trial court granted defense counsel’s motion to be relieved as counsel of 

record and appointed the alternate public defender to represent Polloreno on his motion 

for a new trial based on ineffective assistance of counsel. At the sentencing hearing the 

court heard and denied Polloreno’s motion for a new trial and a request to stay his 

sentence for attempted murder. The court sentenced Polloreno to an indeterminate term 

of life in prison with the possibility of parole for attempted murder, plus determinate 

terms of one year for the weapon-use enhancement under section 12022, 

subdivision (b)(1),2 and three years for the great bodily injury enhancement. The court 

stayed imposition of sentence for assault with a deadly weapon pursuant to section 654. 

The court ordered Polloreno to pay a $40 court security fee, a $30 criminal conviction 

assessment, a $240 restitution fine and $4,934.08 in victim restitution. The court 

imposed and suspended a parole revocation fine pursuant to section 1202.45. Polloreno 

 1

 Statutory references are to the Penal Code. 

2 Without objection, the trial court amended the weapon-use enhancement on its 

own motion to read section 12022, subdivision (b)(1), rather than section 12022, 

subdivision (b)(2), noting that subdivision (b)(2) only applies to the offense of carjacking. 
3 

was awarded a total of 322 days of presentence credit (280 actual days and 42 days 

conduct credit). 

 We appointed counsel to represent Polloreno on appeal. After examination of the 

record, counsel filed an opening brief in which no issues were raised. On January 14, 

2013 we advised Polloreno he had 30 days in which to personally submit any contentions 

or issues he wished us to consider. No response has been received to date. 

 We have examined the record and are satisfied Polloreno’s attorney has fully 

complied with the responsibilities of counsel and no arguable issue exists. (Smith v. 

Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly

(2006) 40 Cal.4th 106, 112-113; People v. Wende (1979) 25 Cal.3d 436, 441.) 

 The judgment is affirmed. 

 PERLUSS, P. J 

 We concur: 

 WOODS, J. 

 ZELON, J.