Rodriguez

People v. Rodriguez

Good Law
143 Cal. Rptr. 3d 178·2012 Cal. App. LEXIS 740·207 Cal. App. 4th 204·2012 WL 2369548
Court of Appeal of CaliforniaJune 25, 2012No. B231579California4,646 words

Opinion

Lead Opinion

Manella, J.

Appellant Michael Rodriguez challenges his convictions for kidnapping during a carjacking, robbery, and several sexual offenses. He maintains that the prosecution engaged in misconduct and that the trial court erred in imposing sentence. In the unpublished portion of this opinion, we hold that appellant has failed to establish prosecutorial misconduct. In the published portion of the opinion, we conclude that the trial court erred in sentencing appellant under former subdivision (g) of the “One Strike” law (Pen. Code, § 667.61), which limited the imposition of One Strike terms on multiple sex offenses committed on a single occasion. 1 As we explain, because the Legislature amended the One Strike law to eliminate this *208 provision prior to appellant’s offenses, the trial court was obliged to impose a One Strike term on each of appellant’s offenses eligible for sentencing under the One Strike law. In addition, the trial court erred by imposing a One Strike term as an enhancement, imposing additional punishment for facts needed to support sentencing under the One Strike law, and miscalculating appellant’s sentence for an offense outside the scope of the One Strike law. We…

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