People v. Rodriguez CA4/1

INTRODUCTION

David Anthony Rodriguez appeals from the summary denial of a petition to vacate his conviction for the attempted murder of E.N. under

Penal Code section 1172.6.1 He contends we must reverse the summary denial order because the trial court purportedly did not issue a full statement of reasons for its order, as section 1172.6, subdivision (c) requires. The People argue we should affirm the summary denial order because Rodriguez forfeited his appellate argument by failing to object to the alleged error in the proceedings below, the trial court provided a sufficient statement of reasons for its order, and any error was harmless. We need not determine whether Rodriguez forfeited his argument or whether the court fulfilled its statutory duty to provide a full statement of reasons for its denial order. Assuming for purposes of this appeal that Rodriguez’s argument is both preserved and meritorious, the court’s alleged error is harmless because Rodriguez is not entitled to resentencing as a matter of law. On these grounds, we affirm the summary denial order. II

BACKGROUND

A. The Shooting2 On August 6, 2005, J.M. drove his pickup truck to a gas station. Rodriguez sat in…