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People v. Rodriguez

California Court of Appeals, Fourth District, First Division

April 8, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
RAUL ERNESTO RODRIGUEZ, Defendant and Appellant.

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

APPEAL from a judgment of the Superior Court of San Diego County No. SCD246343, Frederic L. Link, Judge.

Page 1001

[Copyrighted Material Omitted]

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COUNSEL

Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Sabrina Y. Lane-Erwin, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

AARON, J.

I.

INTRODUCTION

A jury found Raul Ernesto Rodriguez guilty of robbery (Pen. Code, § 211)[1] (count 1) and evading arrest with reckless driving (Veh. Code, § 2800.2, subd. (a)) (count 2). The jury also found true a prior strike conviction allegation (§§ 667, subds. (b)-(i), 1170.12, 668, 1192.7, subd. (c)), and a prior serious felony conviction allegation (§§ 667, subd. (a)(1), 668, 1192.7, subd. (c)).

The trial court sentenced Rodriguez to a total term of 16 years four months in prison. On count 1 (robbery), the court sentenced Rodriguez to the middle term of five years, doubled to 10 years due to the strike prior. On count 2 (evading arrest with reckless driving), the court sentenced Rodriguez to eight months, doubled to 16 months due to the strike prior, to be served consecutively to the term on count 1. In addition, the court imposed a consecutive five-year term for the serious felony enhancement.

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On appeal, Rodriguez claims that the trial court erred in failing to instruct the jury sua sponte on the defense of duress, and in failing to stay execution of the sentence for evading arrest with reckless driving pursuant to section 654. In the unpublished portion of this opinion, we reject Rodriguez's jury instruction ...


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