P. v. Rubio CA4/2
On August 16, 2017, a complaint charged defendant and appellant Jose Rubio with driving or taking a vehicle without consent under Vehicle Code section 10851, subdivision (a) (count 1). The complaint also alleged that defendant suffered a prior strike conviction in case No. FVI013254 under Penal Code sections 67, subdivisions (b) through (i), and 1170.12. The complaint further alleged that defendant suffered a prior prison term enhancement under Penal Code section 667.5, subdivision (b).
On October 13, 2017, defendant pled guilty to count 1 (driving a stolen automobile) and admitted the strike prior. In exchange for his plea, the parties agreed that defendant would receive a stipulated sentence of 16 months, doubled because of the strike, for a total term of 32 months. On November 30, 2017, defendant requested that sentencing be continued to December 29, 2017, so that the trial court could consider the California Supreme Court’s pending opinion regarding whether a driving or tak
Comments on P. v. Rubio CA4/2