P. v. Rodriguez CA5
On May 22, 2019, appellant Jose Ignacio Rodriguez was convicted by jury of first degree burglary (Pen. Code, § 459) and resisting or delaying a peace officer (§ 148, subd. (a)(1)). The jury also found true an allegation that a person was present during the commission of the burglary. In addition, the trial court found true enhancements alleging Rodriguez had suffered a prior serious felony conviction (§ 667, subd. (a)(1)), he had served three prior prison terms (§ 667.5, subd. (b)), and that he had suffered a prior strike conviction within the meaning of the Three Strikes law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). Rodriguez was sentenced to an aggregate prison term of 14 years.
Rodriguez raises the following claims on appeal: (1) Following the enactment of Senate Bill No. 136 (2019-2020 Reg. Sess.) (Senate Bill No. 136), the prior prison term enhancement (§ 667.5, subd. (b)) applied to his sentence must be stricken,
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