People v. Rodriguez CA3

BACKGROUND

Most of the facts underlying defendant’s offense and the complex legal history of this matter are not pertinent to resolution of defendant’s issues on appeal. We begin with the decision of another panel of this court regarding defendant’s 2020 habeas corpus petition, which determined the record did not establish that defendant’s 1990 second degree robbery conviction was a serious felony. (Rodriguez II, supra, C088356.) In light of this conclusion, this court remanded the matter “to strike the enhancements imposed based on petitioner’s October 19, 1990, Oregon second degree robbery conviction and to set the matter for resentencing.” (Ibid.) In December 2020, the trial court conducted a resentencing hearing as directed, which the court, the People, and defendant’s attorney agreed was for the limited purpose of striking the prior strike and prior serious felony enhancement associated with defendant’s 1990 second degree robbery conviction. (Rodriguez III, supra, C098626.) The trial court did as directed by the disposition in Rodriguez II, striking the enhancement and prior conviction associated with the 1990 robbery. (Ibid.) Defendant appealed, arguing the trial court…