People v. Rodriguez CA2/1

Filed 4/22/14 P. v. Rodriguez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B250455

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA089644) v.

BRANDON DANIEL RODRIGUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Jared Moses, Judge. Affirmed. ______ Jonathan B. Steiner and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ______

An amended felony complaint, filed and further amended by interlineation on June 4, 2013, charged Brandon Daniel Rodriguez with (1) attempted murder (Pen. Code, §§ 664, 187, subd. (a)) (count 1)1; (2) child abuse (§ 273a, subd. (a)) (count 2); and (3) infliction of corporal injury on a cohabitant (§ 273.5, subd. (a)) (count 3). The amended felony complaint specially alleged, as to counts 1 and 3, that Rodriguez had a prior serious conviction for robbery (§ 211) that subjected him to a five-year enhancement under section 667, subdivision (a)(1), and, as to counts 1, 2 and 3, that the robbery conviction was a serious or violent felony constituting a strike under the “Three Strikes” law (§§ 667.5, subds. (b)-(d); 1170.12, subds. (a)-(d)). As to counts 1 and 3, it also alleged a great-bodily-injury enhancement under section 12022.7, subdivision (e). Also on June 4, part way through the preliminary hearing, which the trial court ultimately considered a probation violation hearing with respect to Rodriguez’s prior robbery conviction, Rodriguez pleaded no contest to the infliction of corporal injury on a cohabitant as charged in count 3 and admitted that he had a prior robbery conviction, which he agreed qualified as a strike and as a serious felony for purposes of enhancement under section 667, subdivision (a)(1). Based on the negotiated plea agreement, the court sentenced Rodriguez to a state prison term of nine years, consisting of the low term of two years for the infliction of corporal injury on a cohabitant, doubled pursuant to the Three Strikes law, plus five years for the section 667, subdivision (a)(1), enhancement. The court dismissed counts 1 and 2 and struck the great-bodily-injury enhancement. It revoked probation on the robbery case, sentenced Rodriguez to the low term of two years in state prison and ordered that term to run concurrently with the nine-year term. A felony abstract of judgment was filed on June 10. On July 3, Rodriguez wrote a letter to the trial court requesting to appear and withdraw his plea. Noting that Rodriguez already had been sentenced and judgment had been entered in his case, the court indicated that the vehicle for Rodriguez to move to withdraw his plea would be a petition for writ of habeas corpus. On July 25, Rodriguez