P. v. Rodriguez
Raul Ezequiel Rodriguez appeals from a judgment entered after a jury found him guilty of first degree burglary, making a criminal threat, felony vandalism, and knowingly violating a restraining order. He contends the trial court made a number of prejudicial instructional errors, and he claims the evidence is insufficient to support his conviction for knowingly violating a protective order. He also argues that, under Cunningham v. California (2007) U.S. [127 S.Ct. 856] (Cunningham), the trial court erred by imposing the upper term on his burglary conviction. Court reverse the misdemeanor conviction for knowingly violating a restraining order. Court also reverse appellants sentence on the burglary conviction and remand for resentencing in light of Cunningham. In all other respects, Court affirm the judgment.
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