People v. Rodriguez CA6

I. BACKGROUND

A. The Underlying Offense and Rodriguez’s Plea

In 2009, Rodriguez and several other inmates assaulted fellow inmate E.Y. in jail. In 2012, Rodriguez pleaded no contest to attempted murder (§§ 664, subd. (a), 187) and admitted both a gang enhancement (§ 186.22, subd. (b)(1)(C)) and an enhancement for personal infliction of great bodily injury (§ 12022.7, subd. (a)). The trial court sentenced Rodriguez to a total term of 19 years in prison. B. The Petition for Resentencing

In September 2022, Rodriguez petitioned for resentencing under what is now section 1172.6, alleging that he can no longer be convicted of attempted murder because of changes made to sections 188 and 189 by Senate Bill No. 1437 (2017–2018 Reg. Sess.). In June 2023, the trial court ordered the People to show cause why resentencing should not be granted. 1. Testimony at the Evidentiary Hearing

Correctional Officer Miguel Vargas testified that he was on duty supervising one dorm at the jail in December 2009 when E.Y. was assaulted. Vargas had just released the inmates from their cells to the dorm’s day room and sun deck when an inmate distracted him by asking a question Vargas had…