P. v. Rodriguez CA4/3
A jury convicted Mario Alberto Rodriguez of second degree murder in the stabbing death of 26-year-old Paul Anthony Garcia (Pen. Code, § 187, subd. (a); all further statutory references are to the Penal Code). The jury found true an allegation Rodriguez used a deadly weapon to commit murder, i.e., a knife (§ 12022, subd. (b)(1)).
The court found true allegations Rodriguez had a prior serious felony conviction for purposes of the “Three Strikes” law, and under sections 667, subdivision (a)(1) and 667.5, subdivision (b).
After denying Rodriguez’s request to strike his prior serious felony conviction for sentencing purposes (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 503 (Romero); § 1385, subd. (a)), the court imposed an indeterminate term of 30 years to life, plus a five-year determinate term for the prior serious felony (§ 667, subd. (a)(1)), and one year for the prior prison term (§ 667.5, subd. (b)).
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