California v. Rodriguez
Annotate this CaseA jury found defendant-appellant Raul Rodriguez guilty of robbery and evading arrest with reckless driving. The jury also found true a prior strike conviction allegation and a prior serious felony conviction allegation. 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. On appeal, Rodriguez claimed 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 Vehicle Code, section 654. In the unpublished portion of this opinion, the Court of Appeal rejected Rodriguez's jury instruction claim. In the published portion, the Court rejected his section 654 claim. Accordingly, the Court affirmed the trial court judgment.
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