P.

P. v. Rodriguez CA2/8

Good Law
Court of Appeal of CaliforniaMarch 4, 2013B240459California3,962 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

In September 2009, Gilberto Rodriguez pleaded no contest to selling a controlled substance, along with allegations that he had been personally armed with a firearm and committed his crime for the benefit of a street gang. Rodriguez was placed on three years formal probation, and was warned that his offenses carried a possible combined state prison sentence of 13 years. Rodriguez performed well on probation until July 2011, when he became involved in a verbal dispute at a pizza parlor that led to sheriff’s deputies being summoned. Although Rodriguez tried to serve as a peacemaker, he was in the company of gang members and had a switchblade-like knife in his possession, conduct that violated the terms of his probation. He was arrested and charged with making criminal threats and possession of a switchblade. Rodriguez’s brother, Francisco Rodriguez, was also arrested in connection with the pizzeria incident.1 As a result of these new charges, proceedings to revoke Rodriguez’s probation in the 2009 drug case were initiated. The trial court eventually did just that. Rodriguez contends we should reverse because: (1) the trial court never arraigned him on…

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