People v. Rodriguez CA6

I. BACKGROUND

In July 2023, the Monterey County District Attorney filed an operative second amended information charging Duran with conspiracy to commit transportation of a controlled substance from one county to a noncontiguous county (Pen. Code, § 182, subd. (a)(1)2; Health & Saf. Code, § 11352, subd. (b); count 1), conspiracy to commit possession of a controlled substance for sale (§ 182, subd. (a)(1); Health & Saf. Code, § 11378; count 2), and solicitation to commit battery causing serious bodily injury (§§ 653f, subd. (a), 243, subd. (d); count 3). It was further alleged as an aggravating circumstance that Duran induced others to participate in the commission of the crime and occupied a position of leadership and dominance of the other participants within the meaning of California Rules of Court, rule 4.421(a)(4). Duran pleaded no contest to all three counts and admitted the aggravating circumstance as alleged with the understanding that the minimum sentence he could receive was seven years eight months, and the maximum term was 10 years eight months and that the court could elect to impose the upper term. The parties stipulated that a police report prepared by the Salinas…