People v. Mendoza CA5

Filed 11/7/23 P. v. Mendoza CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F085160 Plaintiff and Respondent, (Super. Ct. No. CR-18-001943) v.

RODRIGO JOEL MENDOZA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Nancy A. Leo, Judge. Lynette Gladd Moore and John L. Staley, under appointments by the Court of Appeal, for Plaintiff and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Michael A. Canzoneri and Eric L. Christoffersen, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Smith, J. and De Santos, J.

INTRODUCTION AND PROCEDURAL BACKGROUND The Stanislaus County District Attorney filed a second amended information on September 15, 2022, charging defendant Rodrigo Joel Mendoza with murder (Pen. Code, § 187, subd. (a);1 count 1), vehicular manslaughter (§ 191.5, subd. (a); count 2), and hit and run resulting in death (Veh. Code, § 20001, subd. (b)(2); count 3). The second amended information further alleged that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)), personally inflicted great bodily injury on someone other than an accomplice (§ 1192.7, subd. (c)(8)), fled the scene of the crime after committing a violation of section 191.5 (Veh. Code, § 20001, subd. (c)), and had one prior “strike” conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (a), (b)–(i), 1170.12, subds. (a)–(d)). The second amended information further alleged circumstances in aggravation that the crime involved great violence, great bodily harm, and the threat of great bodily harm (Cal. Rules of Court, rule 4.421(a)(1)) and that defendant’s prior convictions were numerous and of increasing seriousness (Cal. Rules of Court, rule 4.421(b)(2)). Defendant pleaded nolo contendere to manslaughter as charged in count 2 and admitted his prior serious felony conviction on September 15, 2022. Prior to his plea, the trial court recited its understanding of the plea: defendant would plead nolo contendere to count 2, vehicular manslaughter, and admit the special allegations that he personally inflicted great bodily injury on someone other than an accomplice and fled the scene of the crime; the prosecutor would move to strike the great bodily injury enhancement and the circumstances in aggravation; the court would dismiss counts 1 and 3 and the section 667, subdivision (a) enhancement; defendant would admit his prior serious felony conviction; and the court would sentence defendant to a total term of 17 years in prison.