People v. Rodriguez CA2/2

Filed 3/26/25 P. v. Rodriguez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO THE PEOPLE, B336217

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. NA047325)

JUAN GERALDO RODRIGUEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, James D. Otto, Judge. Affirmed. Maria Bianca Leftwich, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent. _______________________

Juan Rodriguez appeals a resentencing order in which the trial court struck two invalid enhancements under Penal Code1 section 1172.75, but declined to exercise its discretion to strike 12 other enhancements under section 1385, subdivision (c). We affirm. PROCEDURAL BACKGROUND I. Conviction and Direct Appeal In 2001, a jury convicted appellant of 17 counts of robbery (§ 211) and one count of assault with a firearm (§ 245, subd. (a)(2)). For each count, the jury found true he personally used a firearm (§ 12022.53, subd. (b)). As to one count of robbery, the jury also found true that appellant personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subds. (c), (d)). The court found true prior strike, serious felony, and prior prison term enhancements (§§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i), 667, subd. (a)(1), 667.5, subd. (b)), and sentenced appellant to state prison for a total of 107 years plus 35 years to life. Appellant appealed his conviction, and this court reversed the judgment on one count of robbery, reducing appellant’s sentence to 101 years 8 months, plus 35 years to life in prison. (People v. Rodriguez (Apr. 8, 2003, B157362) [nonpub. opn.].) II. Resentencing Under Section 1172.75 The Department of Corrections and Rehabilitation identified appellant as potentially eligible for relief under section 1172.75, and in December 2022 the trial court appointed counsel for appellant and issued an order to show cause.