People v. Rodriguez CA5

STATEMENT OF THE CASE1

Flavio Rodriguez pleaded no contest on November 10, 2020, in case No. F20907203 to carrying a concealed weapon in a vehicle with an allegation that he was not the registered owner of the firearm and that the firearm was loaded or ammunition immediately available (Pen. Code, § 25400, subds. (a)(1) and (c)(6))2 and possession of an assault weapon (§ 30605, subd. (a)). The trial court indicated a three-year four-month maximum total aggregate sentence with two other pending cases (case Nos. F20906645 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…