P. v. Rodriguez
An information charged Jose Francisco Rodriguez with second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c))[1] and second degree burglary (§§ 459, 460, subd. (b)), and alleged he had six strike priors consistent with the “Three Strikes†law (§§ 667, subds. (d), (e)(2)(A) & 1170.12 subds. (b), (c)(2)(A)), two prior serious felony convictions (§ 667, subd. (a)(1)), and had served one prior prison term (§ 667.5, subd. (b)). The trial court dismissed five of the six strike priors before trial. (§ 1385.) A jury found Rodriguez guilty of both charged offenses, and Rodriguez admitted the truth of the prior conviction allegations. The trial court dismissed the remaining strike prior conviction (§ 1385) at sentencing and imposed a total term of 12 years, consisting of the two-year low term for the robbery (§ 213, subd. (a)(2)), plus five years for each prior serious felony conviction (§ 667, subd. (a)(1)).
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