Rodriguez

People v. Rodriguez

Good Law
Court of Appeal of CaliforniaJune 7, 2022A160994California2,289 words

Opinion

Opinion

I. BACKGROUND

On February 18, 2020, following an argument by text message, Rodriguez drove his vehicle into his girlfriend’s vehicle three times while she was driving from her residence to a friend’s house. Based on this incident, Rodriguez was charged with one count of assault with a deadly weapon. (§ 245, subd. (a)(1).) He pleaded not guilty. Subsequently, the district attorney’s office amended the information to allege a second count for assault with force likely to produce great bodily injury. (§ 245, subd. (a)(4).) The case was resolved between the parties through negotiation. Rodriguez pleaded no contest to count two. In exchange, the district attorney’s office agreed to dismiss count one, and Rodriguez was to be placed on formal probation for three years. At the sentencing hearing, the Solano County Superior Court imposed a three-year state prison sentence. The court suspended execution of this sentence and placed Rodriguez on probation for three years. The court also ordered that Rodriguez attend a 52-week batterer’s program as required by section 1203.097. Defendant objected to this condition of his probation. Overruling the objection, the trial court ruled that because…

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