People v. Rodgers CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Rodgers with six counts: count 1—kidnapping (Pen. Code, § 207, subd. (a))1; counts 2 and 3—assault with a firearm (§ 245, subd. (a)(2)); counts 4 and 5—criminal threats (§ 422); and count 6—theft or unauthorized use of a vehicle (Veh. Code, § 10851, subd. (a)). The prosecution alleged firearm enhancements on all counts. (§§ 12022, subd. (a)(1), 12022.5, subd. (a), 12022.53, subd. (b).) The prosecution further alleged Rodgers had suffered a prior prison term conviction (§ 667.5, subd. (b)) and that he committed the offenses while released on bail in another case (§ 12022.1). Rodgers moved to suppress evidence the police seized during warrantless searches of a vehicle and a hotel room. The trial court denied the motion as to the search of the vehicle but granted it as to the hotel room. Rodgers pleaded no contest to all counts as charged and admitted the allegations. In March 2019, the trial court imposed an aggregate term of nine years in prison, consisting of eight years for count 1 and a consecutive one-year term for count 2. The court imposed concurrent terms for counts 3 through 6. The court…