P. v. Rodriguez
Filed 6/30/06 P. v. Rodriguez CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. SHAWNA RODRIGUEZ, Defendant and Appellant. |
F048678
(Super. Ct. No. 95781)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County. Walter Gorelick, Judge.
Katharine Demgen, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez and Virna L. Depaul, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
A felony complaint filed August 8, 2002, charged Shawna Rodriguez (Rodriguez) with one count of first degree residential burglary. (Pen. Code, § 459.) She was arraigned and entered a not guilty plea, but later agreed to change her plea to no contest in exchange for a four-year (middle term) suspended prison sentence, and felony probation with local jail time. The trial court sentenced Rodriguez pursuant to the agreement on January 8, 2003. (She was then six months pregnant.) It imposed but suspended execution of the four-year prison term and granted probation. It ordered Rodriguez, as conditions of her probation, to serve 365 days in jail and, upon her release, to pay a $200 restitution fine plus direct restitution; to participate in a substance abuse counseling program; to attend Narcotics Anonymous (NA) meetings; and to contact the probation department within 72 hours to â€