People v. Rodriguez CA5

INTRODUCTION

In 2014, appellant and defendant Roberto Rodriguez (appellant) and two codefendants were convicted after a joint jury trial of attempted voluntary manslaughter with a gang enhancement, active participation in a criminal street gang, and other offenses. Appellant was sentenced to 18 years eight months in prison. Aside from ordering corrections to the abstract of judgment, the judgment was affirmed on direct appeal. In 2024, the trial court recalled appellant’s sentence pursuant to Penal Code1 section 1172.75 because two now-invalid prior prison term enhancements were imposed as part of his aggregate sentence. Appellant moved for the court to impose lower terms for the determinate sentences but did not address the gang conviction and enhancements. The court dismissed the prior prison term enhancements, reduced his sentence to 16 years eight months, and did not grant appellant’s motion to further reduce his sentence. On appeal from the resentencing hearing, appellant argues the trial court should have dismissed his conviction in count 4 for active participation in a criminal street gang (§ 186.22, subd. (a)), and the gang enhancements (§ 186.22, subd. (b)) found true as…