People v. Rodriguez CA1/2

BACKGROUND

On June 10, 2022, as part of a negotiated disposition, Rodriguez pleaded no contest to two counts of second degree robbery (§ 212.5, subd. (c); counts 1 and 2) and assault on a police officer (§ 245, subd. (c); count 8), and admitted that he personally used a firearm (§ 12022.53) in connection with count 1. Rodriguez also admitted that each of these counts was a serious felony. The maximum penalty for the charges was 18 years, 8 months; under the negotiated disposition, the agreed-upon maximum sentence was 12 years and the remaining charges in the information would be dismissed. The issue of the gun enhancement came up at the sentencing hearing on September 1, 2023.2 At the conclusion of his comments on the appropriate sentence, defense counsel stated, “I think the big push here is to have the Court stay or strike the 12022.53. That opens up a lot of options that I think would be much more appropriate than sentencing him to the top. [¶] And finally, I just want to point out to the Court that prior to this case, the most significant sentence my client’s done is a two-year 1170(h) sentence. Other than that, I will submit unless the Court has any questions.” The court did…