People v. Rodriguez CA2/3

Filed 9/15/22 P. v. Rodriguez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B316391

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA477061 v.

GUSTAVO ALEXANDER RODRIGUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. David R. Fields, Judge. Affirmed.

Carlos Ramirez, 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, Assistant Attorney General, Noah P. Hill and Heidi Salerno, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

A jury convicted Gustavo Alexander Rodriguez of several offenses, including kidnapping and making criminal threats against a four-year-old child. The court sentenced Rodriguez to an aggregate term of 13 years in prison, which included the high terms on two counts. On appeal, Rodriguez contends his case must be remanded for resentencing in accordance with Senate Bill No. 567 (2021–2022 Reg. Sess.) (SB 567) and Assembly Bill No. 124 (2021–2022 Reg. Sess.) (AB 124). We affirm. FACTUAL AND PROCEDURAL BACKGROUND1 Rodriguez dated Justin R.’s mother, Kenia R. Rodriguez was jealous of Justin’s father, Francisco Ortuna, whom Kenia had previously dated. Rodriguez and Kenia ended their relationship in January 2019. Sometime after breaking up, Kenia agreed to give Rodriguez a ride. Kenia planned to drop Rodriguez off after she made a stop to pick up a payment for a clothing sale. When Kenia got out of the car to go to the door of the residence, Rodriguez moved into the driver’s seat and drove away in the car with Justin, who was four years old at the time. Rodriguez told Kenia he would “give [her] the kid back” if she “turn[ed] [Ortuna] in to [Rodriguez].” He told her, “We’re going to make an exchange.” Rodriguez instructed Kenia to “call him once [Ortuna] was with [her].” He said “he already [had] a toy with two sweets, one for Justin’s father and one