P. v. Rodriguez CA4/1
A jury convicted Nick Rodriguez of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and found true an allegation he personally used a dangerous and deadly weapon (§ 1192.7, subd. (c)(23)). The court found true allegations Rodriguez had a prior strike conviction (§§ 667, subds. (b)–(i), 1170.12), a prior serious felony conviction (§§ 667, subd. (a), 1192.7, subd. (c)), and two prior prison commitment convictions (§ 667.5, subd. (b)). The court sentenced Rodriguez to eight years in prison, consisting of the middle term of three years for the assault conviction plus five years for the serious felony prior conviction. The court exercised its discretion to dismiss the punishment for the prior strike conviction and the prior prison commitment convictions in the interest of justice (§ 1385).
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