People v. Rodriguez CA6

Filed 8/2/16 P. v. Rodriguez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041644

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C-13-70383)

v.

RUBEN PUENTE RODRIGUEZ,

Defendant and Appellant.

Defendant Ruben Puente Rodriguez assaulted his father and also threatened to kill him and harm his family. Based on that conduct, defendant pleaded no contest to three felonies: elder abuse (Pen. Code, § 368, subd. (b)(1)),1 assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)), and making criminal threats (§ 422, subd. (a)). On appeal, defendant argues that his sentence for making criminal threats should have been stayed under section 654 because it was part of a…