People v. Rodriguez CA2/8

INTRODUCTION

When defendant David Rodriguez believed his wife was cheating on him with a neighbor, he partially decapitated her with a machete. Then, he broke down the neighbor’s door and tried to kill him too. He was stopped when the neighbor’s family intervened, but he injured the neighbor’s wife and son in the process. On appeal, defendant contends that we should remand for resentencing of one of the assault counts under Senate Bill No. 567 (2021–2022 Reg. Sess.), which limits the court’s use of aggravating factors to impose an upper-term sentence. We conclude, based on the undisputed evidence at trial, that the jury would unquestionably have found that the victim was unusually vulnerable when she was attacked because she was asleep in her home when the attack began. We therefore affirm.

PROCEDURAL BACKGROUND

By information dated April 26, 2021, defendant was charged with one count of murder (Pen. Code,1 § 187, subd. (a); count 1); one count of premeditated attempted murder (§ 664/187, subd. (a); count 2); two counts of assault with a deadly weapon (a machete) (§ 245, subd. (a)(1); counts 3–4); two counts of mayhem (§ 203; counts 5–6); and one count of first degree burglary…