People v. Rodriguez CA4/2

Filed 12/4/14 P. v. Rodriguez CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E061139

v. (Super.Ct.No. FCH00354)

JOSE OSCAR RODRIGUEZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice

pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Neil Auwarter, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

In 1994, a jury convicted defendant and appellant Jose Oscar Rodriguez of two

counts of attempted murder under Penal Code1 sections 664 and 187, subdivision (a); one

count of shooting at an occupied motor vehicle under section 246; and one count of being

an active participant in a criminal street gang under section 186.22, subdivision (a). The

court imposed an aggregate prison term of 34 years to life, including two consecutive