People v. Rodriguez CA3

Filed 7/27/15 P. v. Rodriguez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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)

THE PEOPLE, C074639

Plaintiff and Respondent, (Super. Ct. No. 12F06377)

v.

DEVENNE MARQUIS RODRIGUEZ,

Defendant and Appellant.

Defendant Devenne Rodriguez arranged to meet Adrian Augusta to purchase a dime bag of marijuana from Augusta. Instead of purchasing marijuana, defendant and codefendant Sherston Miles robbed, shot, and killed Augusta. After a joint trial with separate juries, defendant Rodriguez was convicted of first degree murder and robbery.1 The jury found true the special circumstance allegation that the murder was committed during the commission or attempted commission of a robbery and the allegation that defendant was armed during the offenses. The trial court sentenced defendant to life without the possibility of parole plus a one-year determinate term for being armed.

1 Miles eventually pleaded nolo contendere to second degree murder.

1

Defendant argues there was insufficient evidence that he formed the intent to rob Augusta before or during the killing, thus insufficient evidence to convict him of first degree murder on a felony-murder theory. He also argues the trial court should not have imposed a parole revocation fine, since he was sentenced to life without the possibility of parole, and that the trial court erred when it failed to indicate liability for the direct victim restitution fine was joint and several with his codefendant. We find no merit to defendant’s arguments, and shall affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Around August 19, 2011, one week before the murder, defendant began dating Cherah Mondello. She was living in an apartment complex on 47th Avenue in Sacramento. About a week before they started dating (two weeks before the murder), Mondello and defendant were at the apartment of Mondello’s friend, who lived in the same apartment complex. Mondello saw defendant in her friend’s closet with a revolver. Mondello knew defendant’s friend Miles. Since defendant did not have a car, Miles would sometimes give defendant a ride in his silver Lexus. Mondello had a daughter named A. A.’s best friend Alexis lived in the same apartment building as Mondello and A. Alexis was 15. Alexis saw defendant at A.’s house every other day. Alexis would drink and smoke marijuana with defendant. Alexis had known the victim, twenty-year-old Adrian Augusta, a year or two, and she purchased marijuana from him. Around 11:00 p.m. on August 25, 2011, Alexis was at A.’s apartment with Mondello and defendant. They were all smoking marijuana, and she, A., and defendant were also drinking alcohol. At some point, Mondello left. They ran out of marijuana, so Alexis called Augusta and told him one of her friends was trying to get some marijuana. Augusta told Alexis to give her friend his number. Alexis gave defendant Augusta’s phone number so he could purchase more marijuana for her, and watched as defendant