People v. Florez

RUSHING, P.J., Dissenting

I. Introduction

My esteemed colleagues join a number of courts in refusing to apply Penal Code section 1170.18, subdivision (c)(§-1170.18(c)), according to its plain meaning. To the best of my knowledge, only one of those decisions is currently citable. (People v. Esparza (2015) 242 Cal.App.4th 726, 734-737, 195 Cal.Rptr.3d 597; see Cal. Rules of Court, rules 8.1115(a), 8.1105(e)(1).) Although I joined in that decision, I have concluded on further reflection that I erred in doing so, as I believe my colleagues continue to err here. All of these cases should be governed…