P. v. Rodriguez CA5
Flavio Rodriguez pleaded guilty on November 10, 2020, in case No. M20920515 to driving with a 0.08% or higher blood-alcohol content with a prior conviction (Veh. Code, § 23152, subd. (b)). The trial court indicated a three-year four-month maximum total aggregate sentence with two other pending cases (case Nos. F20906645 and F20907203) .
Rodriguez was sentenced on February 23, 2021, as follows: the middle term of two years in state prison for count 1 in Case No. M20920515; eight months consecutive for count 1 in Case No. F20906645; eight months consecutive for count 1 in Case No. F20907203; and the middle term of two years concurrent for count 2 in Case No. F20907203. Rodriguez was awarded 264 days credit for time served, including 130 actual days and 130 conduct credits. A restitution fine of $1,200 was imposed in each case and a parole revocation fine of the same amount was stayed.
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