People v. Rodriguez CA3

Filed 7/27/23 P. v. Rodriguez CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication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
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE, C097426
Plaintiff and Respondent, (Super. Ct. Nos.
20FE014077, 21FE015859 )
v.
ARTURO L. RODRIGUEZ,
Defendant and Appellant.
On September 2, 2020, defendant Arturo L. Rodriguez stabbed his girlfriend
multiple times with a chef’s knife in her stomach and torso. While in custody for that
offense, defendant assaulted another person with force likely to cause great bodily injury
or death.
On July 22, 2022, defendant resolved the two cases pending against him by plea:
In Sacramento County Superior Court case No. 20FE014077 (the attempted murder
case), defendant pled no contest to attempted murder and admitted that he inflicted great
bodily injury, and in Sacramento County Superior Court case No. 21FE015859 (the
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assault case) defendant pled no contest to assault by means of force likely to cause great
bodily injury. Defendant agreed to a sentence of eight years (the low term of five years
plus three years for the great bodily injury allegation) in the attempted murder case and
one year consecutive in the assault case. In exchange, the remaining counts in these
cases would be dismissed. The parties stipulated to the factual basis for the plea.
On October 27, 2022, the trial court sentenced defendant in accordance with the
plea to an aggregate term of nine years in prison. The remaining counts were dismissed.
The court granted 469 days presentence custody credits; however, the minute order
reflects 734 actual days plus 110 conduct credits, for a total of 844 days. While this
appeal was pending, on May 4, 2023, the trial court entered an order correcting
defendant’s presentence custody credits and issued an amended abstract of judgment
correcting the custody credits to 785 actual days and 117 conduct credits, for a total of
902 days.
Defendant timely appealed and did not obtain a certificate of probable cause.
DISCUSSION
Appointed counsel filed an opening brief that sets forth the facts and procedural
history of the case and requests this court review the record and determine whether there
are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant
was advised by counsel of his right to file a supplemental brief within 30 days from the
date the opening brief was filed. More than 30 days have elapsed, and defendant has not
filed a supplemental brief.
Having undertaken an examination of the entire record pursuant to Wende, we find
no arguable errors that are favorable to defendant. Accordingly, we affirm the judgment.
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DISPOSITION
The judgment is affirmed.
/s/
ROBIE, Acting P. J.
We concur:
/s/
MAURO, J.
/s/
BOULWARE EURIE, J.
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