People v. Rodriguez CA2/5

FACTS AND PROCEDURAL HISTORY

Strike Convictions and Commitment Offenses

First Strike

On July 5, 1985, defendant stole money from an open cash register at a bar. During the commission of the crime he struggled with an employee who attempted to close the register. The employee yielded when defendant said that his friend had a gun. Defendant was convicted of robbery (§ 211) and sentenced to two years in state prison.

Second Strikes

On February 26, 1993, defendant used a pretense to gain entry to a 12-year-old

4 People v. Chaney (2014) 231 Cal.App.4th 1391, review granted February 18, 2015, S223676, and People v. Valencia (2014) 232 Cal.App.4th 514, review granted February 18, 2015, S223825.

3 boy’s house. He threw the boy down and held a sharp object to his neck. Two accomplices entered the house and stole approximately $4,000 worth of property. On March 14, 1993, defendant and his accomplices stopped the boy on the street, threatened him with a knife and warned that they would kill him if he talked to the police. One of the accomplices attempted to stab the boy, but he managed to escape. Defendant was convicted of second degree robbery (§ 211) and dissuading a witness by…