People v. Rodriguez CA5

STATEMENT OF THE CASE1

Flavio Rodriguez pleaded guilty on November 10, 2020, in case No. F20906645 to possession of a zip gun (Pen. Code, § 33600)2 and possession of a drug smoking device (Health & Saf. Code, § 11364). The trial court indicated a three-year four-month maximum total aggregate sentence with two other pending cases (case Nos. F20907203 and M20920515).3 Rodriguez was sentenced on February 23, 2021, as follows: the middle term of two years in state prison for count 1 in Case No. M20920515; eight months consecutive for count 1 in Case No. F20906645; eight months consecutive for count 1 in Case No. F20907203; and the middle term of two years concurrent for count 2 in Case No. F20907203. Rodriguez was awarded 264 days credit for time served, including 130 actual days and 130 conduct credits. A restitution fine of $1,200 was imposed in each case and a parole revocation fine of the same amount was stayed. The trial court imposed a requirement that Rodriguez use an ignition device for a period of three years. On appeal, Rodriguez contends that he is entitled to be resentenced under section 1170, subdivision (b)(6), which became effective January 1, 2022. The People concede…