P. v. Rodriguez
A jury convicted appellant Santos Rodriguez, Jr., of attempted voluntary manslaughter (Pen. Code, 192, subd. (a), 664)[1]and willfully endangering the health
of a child ( 273a). In a separate proceeding the court found true allegations that appellant had suffered two prior serious felony convictions ( 667, subd. (a)), one in 1998, for assault with a deadly weapon or by means of force likely to cause great bodily injury ( 245, subd. (a)), and the other in 1993, for gross vehicular manslaughter while intoxicated (hereafter gross vehicular manslaughter) ( 191.5, subd. (a) (hereafter 191.5(a)), and that both of those convictions qualified as strikes.[2] The court imposed a sentence of 35 years to life, with the determinate portion of the sentence consisting of 25 years on the attempted voluntary manslaughter conviction and 5 years on each of the two prior serious felony enhancements. The court awarded appellant 177 days of presentence credits, and, on the child endangerment conviction, the court imposed, and stayed pursuant to section 654, a term of 25 years to life.
In the instant appeal, appellant raises the claim set forth in the preceding paragraph. Respondent concedes the point. Court reverse the true findings on the prior conviction allegations in question, vacate the sentence, and remand for further proceedings.
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