People v. Rodriguez CA2/8

Filed 10/28/24 P. v. Rodriguez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B330433

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. VA138449, VA139309) v.

DANIEL RODRIGUEZ,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County. Joseph R. Porras, Judge. Reversed and remanded with directions. G. Martin Velez, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan S. Pithey, Assistant Attorney General, Scott A. Taryle and Lauren N. Guber, Deputy Attorneys General, for Plaintiff and Respondent. _________________________________

INTRODUCTION In 2016, Daniel Rodriguez pled no contest to charges in two criminal cases, and admitted various prior conviction allegations. His agreed-upon sentence included a one-year prior prison term enhancement under Penal Code1 section 667.5, subdivision (b). In 2023, following the enactment of section 1172.75, the trial court struck the prior prison term enhancement, but declined to hold a full resentencing hearing. On appeal, Rodriguez contends, and the Attorney General concedes, that the trial court erred because section 1172.75 requires a full resentencing even in plea bargain cases. The Attorney General also asserts that the People are entitled to withdraw from the plea agreement upon further resentencing. We reverse and remand for the trial court to conduct a full resentencing, but decline to offer our opinion on whether the People may withdraw from the plea agreement. FACTUAL AND PROCEDURAL BACKGROUND In 2016, Rodriguez entered into a negotiated plea agreement in two separate cases filed in Los Angeles County Superior Court. In case No. VA138449, Rodiguez pled no contest to two counts of first degree residential burglary (§ 459). Rodriguez also admitted he suffered one prior “strike” conviction under the Three Strikes law (§§ 667, subds. (b)–(j), 1170.12), one prior serious felony conviction under section 667, subdivision (a)(1), and one prior prison term within the meaning of section 667.5, subdivision (b). In case No. VA139309, Rodriguez pled no contest to one count of resisting an executive