People v. Rodriguez CA4/2

Filed 10/31/13 P. v. Rodriguez CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E058227

v. (Super.Ct.No. BAF1200188)

RICHARD RODRIGUEZ, JR., OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Gary B. Tranbarger,

Judge. Affirmed.

Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

Defendant Richard Rodriguez, Jr., appeals following his conviction for

misdemeanor assault, as a lesser included offense. We will affirm the conviction.

1

PROCEDURAL HISTORY

Defendant was charged by a second amended information with felony assault by

means of force likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(4).)1

The information also alleged four strike priors. (Pen. Code, §§ 667, subds. (c), (e)(2)(A),