People v. Naranjo Rodriguez CA1/1

Filed 4/8/25 P. v. Naranjo Rodriguez CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A171135 v. JUAN JOSE NARANJO (Mendocino County RODRIGUEZ, Super. Ct. Nos. 24CR03915, 22CR02535) Defendant and Appellant.

MEMORANDUM OPINION1 Defendant Juan Jose Naranjo Rodriguez appeals after the trial court sentenced him to five years in prison in case no. 24CR03915 (the 2024 case) and revoked and reinstated his probation in case no. 22CR02535 (the 2022 case). He claims, and the Attorney General concedes, that the court erred by (1) imposing a fine in the 2024 case that applies only when a defendant is placed on probation and (2) reinstating probation in the 2022 case, given that he was simultaneously sentenced to prison. We accept the Attorney General’s concession that the fine was improperly imposed in the 2024 case, and we therefore modify the judgment to strike it. But we lack jurisdiction

1 We resolve this case by a memorandum opinion pursuant to

California Standards of Judicial Administration, section 8.1(2).

over the 2022 case, since Naranjo Rodriguez was charged with only misdemeanors, and we therefore dismiss that portion of the appeal.2 The underlying facts are not relevant. In September 2022, Naranjo Rodriguez was charged in the 2022 case with misdemeanor counts of (1) driving under the influence of an alcoholic beverage (DUI), (2) driving with a blood alcohol content (BAC) of .08 percent or higher, and (3) possessing cocaine. It was also alleged as to the second count that his BAC was .15 percent or higher.3 The following March, under a plea agreement, Naranjo Rodriguez pled no contest to driving with a BAC of .08 percent or higher, and the remaining counts and BAC allegation were dismissed. The trial court placed him on 36 months of informal probation. A year later, in April 2024, Naranjo Rodriguez was charged in the 2024 case with felony counts of (1) leaving the scene of an accident causing injury, (2) DUI causing injury, and (3) driving with a BAC of .08 percent or higher causing injury, and a misdemeanor count of (4) driving with a suspended license. It was also alleged as to the third count that he had a prior DUI conviction, had a BAC of .15 percent or higher, and inflicted great bodily injury (GBI) on the victim.4