P. v. Rodriguez CA2/1
Robert Andrew Rodriguez (Rodriguez) broke into a home when all four family members—Masae Hayashi (Hayashi), her husband Michiaki Ishimura, their 22-year-old son, Nobuhide, and 17-year-old daughter, Yuri—were present. Rodriguez threatened Hayashi, telling her that if she did not disrobe, he would kill her, her husband and their two children. A jury convicted Rodriguez of first degree residential burglary (Pen. Code, § 459; count 3) and criminal threats (§ 422, subd. (a); count 4). The jury made no finding as to the “person present” allegation attached to the burglary charge. The trial court found that Rodriguez had two prior “strike” convictions (§ 1170.12), alleged as to all counts, as well as two five-year prior convictions (§ 667, subd. (a)(1)), and four one-year prior prison terms (§ 667.5, subd. (b).)
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