P. v. Rodriguez 1/31/05 CA2/8

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B169227

Case Date: 04/13/2005

Preview:Filed 1/31/05 P. v. Rodriguez CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, Plaintiff and Respondent, v. BERKLEY L. RODRIQUEZ, Defendant and Appellant. B169227 (Los Angeles County Super. Ct. No. BA238426)

APPEAL from a judgment of the Superior Court of Los Angeles County. Larry Paul Fidler, Judge. Remanded for resentencing, otherwise affirmed. Sylvia Whatley Beckham, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, David F. Glassman and Lawrence M. Daniels, Deputy Attorneys General, for Plaintiff and Respondent.

Following a jury trial, appellant Berkley L. Rodriquez was convicted of one count of forcible sodomy (Pen. Code,

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