Filed 11/3/14 P. v. Rodriguez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

ISAAC GUADALUPE RODRIGUEZ,

Defendant and Appellant.

F066775

(Super. Ct. No. F12905505)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Fresno County. Arlan L. 

Harrell, Judge. 

Julia Freis, under appointment by the Court of Appeal, for Defendant and 

Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and 

Respondent.

-ooOoo-

 

* Before Levy, Acting P.J., Franson, J., and Peña, J.
2

Appellant, Isaac Guadalupe Rodriguez, pled guilty to inflicting corporal injury on 

a cohabitant (Pen. Code, § 273.5, subd. (a)) and he admitted allegations that he had two 

prior convictions within the meaning of the three strikes law. 

Following independent review of the record pursuant to People v. Wende (1979) 

25 Cal.3d 436, we affirm.

FACTUAL AND PROCEDURAL HISTORY

On May 27, 2012, Rodriguez was outside a residence when he accused A.R., 

whom he had recently married, of having an affair. After Rodriguez apologized and A.R. 

let him into the house to talk, he again began accusing her of having an affair. Rodriguez 

then grabbed A.R. by the hair, threw her on the ground and began striking her with a 

closed fist. Rodriguez’s mother was at the house and pulled Rodriguez off A.R. who then 

ran to the kitchen with Rodriguez chasing her. After A.R. hit a table and fell down, 

Rodriguez began kicking her and striking her with a closed fist. Rodriguez’s mother 

again took Rodriguez off of A.R. and after things calmed down, A.R. agreed to go home 

with Rodriguez and there were no further disturbances that day.

On May 29, 2012, after again accusing A.R. of having an affair, Rodriguez placed 

his hands around A.R.’s neck, and began strangling her. Although A.R. did not lose 

consciousness, Rodriguez left red marks on her neck and the pressure caused her voice to 

change.

On June 2, 2012, while at their residence packing their belongings to move out, 

Rodriguez became upset, took the keys to A.R.’s truck, and attempted to drive off. A.R., 

however, eventually got the keys back and drove off without Rodriguez. Later, she 

called the police to ask for help in retrieving her belongings from the residence and she 

reported the two earlier incidents to the officer who responded. The officer observed 

bruises throughout A.R.’s body and a small cut on her right cheek. 

On July 24, 2012, Rodriguez was arrested. 
3

On July 26, 2012, the prosecutor filed a complaint charging Rodriguez with one 

count of spousal abuse and alleging two prior strikes. 

On August 29, 2012, Rodriguez entered his plea in this matter based on an 

indication by the court that it would strike one of his strike convictions. 

On January 10, 2013, the court sentenced Rodriguez to an eight-year prison term, 

the aggravated term of four years doubled to eight years because of Rodriguez’s 

remaining strike conviction. 

Rodriguez’s appellate counsel has filed a brief which summarizes the facts, with 

citations to the record, raises no issues, and asks this court to independently review the 

record. (People v. Wende, supra, 25 Cal.3d 436.) Rodriguez has not responded to this 

court’s invitation to submit additional briefing.

Following an independent review of the record we find that no reasonably 

arguable factual or legal issues exist.

DISPOSITION

The judgment is affirmed.