People v. Rodriguez CA4/2

BACKGROUND

A jury convicted defendant of six robberies and two attempted robberies. In

November 2013, the trial court sentenced him to state prison for a total term of 200 years

to life plus a determinate term of 121 years, which included a one-year term for a section

667.5, subdivision (b) (section 667.5(b)) prison prior. Defendant appealed the judgment.

(People v. Rodriguez (Feb. 27, 2015, E059968) [nonpub. opn.] (Rodriguez I).)

1. In Our Opinion in Defendant’s Appeal From the Judgment, this Court Ordered

Correction of Errors in the Abstract of Judgment

One of the issues defendant raised in his appeal from the judgment was that the

minute order and abstract of judgment filed in his case did not accurately reflect the trial

court’s oral sentence. We agreed. Our disposition of the appeal included an order to

modify the abstract of judgment to accurately reflect the trial court’s oral pronouncement,

that is, to strike an entry showing a five-year sentence for a section 667.5(b) prison prior

1 All further statutory references are to the Penal Code. References to rules are to the California Rules of Court.

2 enhancement, to retain the section 667.5(b) entry indicating a…