P. v. Rodriguez CA1/2
In 2016, Rodriguez was convicted of two felonies: criminal threats (§ 422, subd. (a)) and stalking (§ 646.9, subd. (a)). The trial court subsequently found Rodriguez had suffered five prior felony convictions. It granted Rodriguez’s Romero motion and struck four of these five priors. The trial court sentenced Rodriguez to an aggregate 27-year prison term. It selected the stalking count as the principal term, imposed the upper term of five years, and doubled that term based on Rodriguez’s prior strike pursuant to section 1170.12, subdivision (c)(1). It also imposed three consecutive five-year enhancements for prior serious felonies under section 667(a)(1), plus an additional two years for prior prison terms under section 667.5, subdivision (b). The trial court stayed imposition of sentence on the criminal threats count pursuant to section 654.
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