Rodriguez

I. Introduction

Jose Herrera Rodriguez (Rodriguez) was convicted by a jury of auto theft (Veh. Code, § 10851, subd. (a)), assault on a police officer (Pen. Code, § 243, subd. (c)), resisting a police officer (§ 69 ) and driving with a .08 percent or more blood-alcohol level (Veh. Code, § 23152, subd. (b)). Rodriguez admitted three prior prison terms and, during a bifurcated proceeding, the jury found two prior strike convictions to be true. Rodriguez was sentenced to three concurrent terms of twenty-five years to life for the first three counts and three consecutive one-year enhancements for the prior prison terms.

Rodriguez contends the trial court made several errors when instructing the jury which mandate reversal of (1) his conviction for resisting an officer and (2) the finding that Rodriguez’s prior conviction for resisting an officer resulting in bodily injury constitutes a “second strike.” We hold that the second strike finding must be reversed, but affirm the judgment in all other respects.

II. Facts

At approximately 5:15 a.m. on September 23, 1996, a South San Francisco police officer, Robert Eastman, was dispatched to the home of Joanna Rodriguez,…