People v. Rodriguez CA2/6

Filed 10/8/24 P. v. Rodriguez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B334534 (Super. Ct. No. 2013008125) Plaintiff and Respondent, (Ventura County)

v.

ERIC JAMES RODRIGUEZ,

Defendant and Appellant.

Eric James Rodriguez appeals a postjudgment order after the trial court recalled his sentence, struck the invalid enhancements, and resentenced him pursuant to Penal Code section 1172.75.1 We appointed counsel to represent appellant on appeal. After an examination of the record, counsel filed an opening brief raising no issues and requesting that we follow the procedures set forth in People v. Delgadillo (2022) 14 Cal.5th 216

1 All further statutory references are to the Penal Code.

(Delgadillo). Appellant filed a supplemental brief raising no arguable issues.2 We affirm. Procedural Background3 In 2014, appellant was convicted by jury of active participation in a criminal street gang (§ 186.22, subd. (a), count 1), assault with a deadly weapon (§ 245, subd. (a)(1), count 2), and making a criminal threat (§ 422, count 3). The jury found true allegations that, as to count 1, appellant personally used a deadly weapon (a knife) (§ 12022, subd. (b)(1)), as to counts 1 and 2, appellant personally inflicted great bodily injury (§ 12022.7, subd. (a)), and that counts 2 and 3 were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). Appellant admitted three prior prison terms (§ 667.5, subd. (b)), two prior serious felonies (§ 667, subd. (a)(1)), and two prior “strikes” within the meaning of the “Three Strikes” law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). The trial court sentenced appellant on the criminal threats and assault counts (counts 2 and 3) to consecutive 25-years-to-life terms, plus 36 years on the great bodily injury, gang, and prior conviction enhancements, for a total aggregate term of 86 years to life.4