P. v. Rodriguez CA2/17
Following a trial, a jury found defendant Joseph Oscar Rodriguez, Sr., guilty of one count of attempted criminal threats and one count of unlawful possession of a dirk or dagger. In a separate proceeding, the trial court found that defendant suffered a prior serious felony conviction. (Pen. Code, § 667, subd. (a)(1).) His aggregate sentence included five years for the prior serious felony conviction. On appeal, he contends: (1) there was insufficient evidence to sustain his conviction for attempted criminal threats, and (2) remand is required to allow the trial court to exercise its discretion whether to strike the enhancement pursuant to Senate Bill No. 1393 (2017-2018 Reg. Sess.; Stats. 2018, ch. 1013, §§ 1-2). We remand the matter to permit the court to exercise its newfound discretion. In all other respects, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
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