People v. Rodriguez CA6

BACKGROUND

Rodriguez, a native and citizen of Mexico, immigrated to the United States in 1970 when she was 14 years old. In 1980, she became a legal permanent resident of the United States, under the name Lidia Duenas Duenas. In 1993, Rodriguez entered a negotiated guilty plea in Monterey County Superior Court to one count of possession for sale of eight ounces of cocaine, in violation of Health and Safety Code section 11351. The charge stemmed from the execution of a search warrant at Rodriguez’s Salinas home where police officers seized one large package and numerous small bindles of cocaine. At the time, Rodriguez was married with five children. The trial court suspended imposition of sentence for five years, placed Rodriguez on probation, and ordered her to serve 200 days jail. The 1993 conviction is the subject of this appeal. Rodriguez has three other drug-related convictions. In July 2000, again in Monterey County Superior Court, Rodriguez entered a negotiated no contest plea to one count of possession for sale of a controlled substance (Health & Saf. Code, § 11351) and one count of sale of a controlled substance (Health & Saf. Code, § 11352). That incident also stemmed…