P. v. Rodriguez
Alfredo Rodriguez (appellant) was charged with an 11-count amended information. He pled no contest to possession of a firearm by a felon in counts 7 and 8 (Pen. Code, § 12021, subd. (a)(1)),[1] to resisting a police officer in count 9 (§ 148, subd. (a)(1)), to hit and run in count 10 (Veh. Code, § 20002, subd. (a)), and to disobeying a court order in count 11 (§ 166, subd. (a)(4)). Following trial on the remaining counts, a jury acquitted appellant of attempted murder in count 2 (§§ 664, 187, subd. (a)), and of shooting at an inhabited dwelling in count 5 (§ 246), but convicted him of discharging a firearm with gross negligence in count 1 (§ 246.3, subd. (a)), of assault with a firearm in counts 3 and 4 (§ 245, subd. (a)(2)), and of shooting from a motor vehicle in count 6 (§ 12034, subd. (c)). Personal use of a firearm allegations attached to counts 3 and 4 were found true (§ 12022.5). In a bifurcated proceeding, the trial court found true the allegations that appellant had a prior strike (§ 1170.12, subds. (a)-(d)), that the prior strike was a serious felony (§ 667, subd. (a)(1)), and that he had suffered a prior prison term (§ 667.5, subd. (b)).
The trial court sentenced appellant to a total determinate term of 22 years 4 months in prison as follows: On count 3, the midterm of three years, doubled by the strike allegation, plus the midterm of four years for the personal use of a firearm allegation, five years for the prior serious felony allegation, and one year, stayed, for the prior prison term allegation; on count 4, one-third the midterm of one year, doubled, plus 16 months for the firearm allegation; on count 1, eight months, doubled; on count 6, the midterm of five years, doubled, plus five years for the prior serious felony and one year for the prior prison term, all stayed; on count 7, eight months, doubled; on count 8, eight months, doubled; and on counts 9 through 11, 150 days with credit for time served.
Comments on P. v. Rodriguez