Rodriguez

People v. Rodriguez

Good Law
246 Cal. Rptr. 3d 392·34 Cal. App. 5th 641
Court of Appeal of CaliforniaApril 23, 2019B287544California2,690 words

Opinion

Lead Opinion

Lavin, J.

*644 INTRODUCTION

After snatching a woman's bag, defendant Gildardo Rodriguez was convicted of *394 one count of second degree robbery and sentenced to nine years in prison. Defendant contends the court erred by ordering him to pay $ 1,185 to reimburse the county for his public defender without first evaluating his ability to pay. Although defendant failed to object below, we conclude the issue was not forfeited because defendant lacked the required notice. We modify the judgment to strike the attorney's fees order and affirm as modified.

PROCEDURAL BACKGROUND

By information filed September 13, 2017, defendant was charged with one count of second degree robbery ( Pen. Code, § 211 ; count 1). 2 The information also alleged 10 prison priors (§ 667.5, subd. (b)). 3 He pled not guilty and denied the allegations.

After a bifurcated trial at which he did not testify, a jury convicted defendant of the sole charged count. Defendant waived jury trial on the prior-conviction allegations and admitted them.

The court sentenced defendant to an aggregate term of nine years in state prison-the middle term of three years for count 1 ( § 211 ) plus consecutive one-year terms for six of the…

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