P. v. Rodriguez CA1/2
Defendant Jerry Esquivel Rodriguez was convicted by a jury of stalking. (Pen. Code, § 646.9. ) He was sentenced to nine years in prison, consisting of the aggravated term of three years for the stalking conviction, and 6 one-year consecutive terms for each of the six prison priors found true by the court. Defendant makes two arguments on appeal: (1) the stalking conviction is not supported by substantial evidence; and (2) one of the enhancements was improper because the crime on which it was based was reduced to a misdemeanor. Defendant’s first argument has no merit, as there is substantial evidence. Defendant’s second argument has merit, as the People concede. We thus affirm the judgment, but remand the matter for the limited purpose of striking one of the enhancements and the resentencing of defendant.
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