Rodriguez

I.

INTRODUCTION

A jury found Raul Ernesto Rodriguez guilty of robbery (Pen. Code, § 211) (count 1) and evading arrest by reckless driving (Veh. Code, § 2800.2, subd. (a)) (count 2). The jury also found true a prior strike-conviction allegation (§§ 667, subds. (b)-(i), 1170.12, 668, 1192.7, subd. (c)), and a prior serious-felony-conviction allegation (§§ 667, subd. (a)(1), 668, 1192.7, subd. (c)).

The trial court sentenced Rodriguez to a total term of 16 years four months in prison. On count 1 (robbery), the court sentenced Rodriguez to the middle term of five years, doubled to 10 years due to the strike prior. On count 2 (evading arrest by reckless driving), the court sentenced Rodriguez to eight months, doubled to 16 months due to the strike prior, to be served consecutively to the term on count 1. In addition, the court imposed a consecutive five-year term for the serious felony enhancement.

On appeal, Rodriguez claims that the trial court erred in failing to instruct the jury sua sponte on the defense of duress, and in failing to stay execution of the sentence for evading arrest by reckless driving pursuant to section 654. In the unpublished portion of this…