People v. Rodriguez CA4/2

INTRODUCTION

Defendant and appellant Richard Joseph Rodriguez appeals from a postjudgment

order finding him ineligible for resentencing under Penal Code1 section 1172.75. He

argues the trial court erred in denying him a full resentencing under section 1172.75. We

agree and reverse.

PROCEDURAL BACKGROUND

In 2001, a jury found defendant guilty of first degree murder (§ 187, count 1) and

attempted murder (§§ 664/187, count 2). As to count 1, the jury found that he committed

the murder during the commission of burglary and robbery (§ 190.2, subd. (a)), and that

he personally used a firearm (§ 12022.5, subd. (a)). As to count 2, the jury found that he

personally used a weapon in committing the attempted murder. (§ 12022, subd. (b)(1).)

The jury also found that defendant had two prior strike convictions. (§§ 667, subds. (c)

& (e), 1170.12. subd. (e).) The court found that defendant had one prior prison

conviction. (§ 667.5, subd. (b).) On count 1, the court sentenced him to state prison for

life without parole, plus 10 years for the firearm enhancement. On count 2, it sentenced

him to life with the possibility of parole, plus one year on the firearm enhancement, to…