People v. Rodriguez CA5

INTRODUCTION

On May 22, 2019, appellant Jose Ignacio Rodriguez was convicted by jury of first degree burglary (Pen. Code,1 § 459) and resisting or delaying a peace officer (§ 148, subd. (a)(1)). The jury also found true an allegation that a person was present during the commission of the burglary. In addition, the trial court found true enhancements alleging Rodriguez had suffered a prior serious felony conviction (§ 667, subd. (a)(1)), he had served three prior prison terms (§ 667.5, subd. (b)), and that he had suffered a prior strike conviction within the meaning of the Three Strikes law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). Rodriguez was sentenced to an aggregate prison term of 14 years. Rodriguez raises the following claims on appeal: (1) Following the enactment of Senate Bill No. 136 (2019-2020 Reg. Sess.) (Senate Bill No. 136), the prior prison term enhancement (§ 667.5, subd. (b)) applied to his sentence must be stricken, and (2) the trial court prejudicially erred by instructing the jury to assume that Rodriguez understood English. The Attorney General concedes the prior prison term enhancement (§ 667.5, subd. (b)) must be stricken, and we agree. We will…