P.v. Rodgers CA4/3

Filed 10/6/15 P.v. Rodgers CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, G050335

v. (Super. Ct. No. 02HF1729)

DAVID BENJAMIN RODGERS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, James A. Stotler, Judge. Affirmed. Marcia R. Clark, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent.

* * *

After his third trial on a charge of murder, a jury found defendant David Benjamin Rogers guilty of voluntary manslaughter. At sentencing, the trial court denied defendant’s request to strike one of his two prior strike convictions and sentenced him to 25 years to life in state prison. Defendant appeals contending (1) the court erred in excluding a statement defendant made in a phone call to his father shortly after the shooting and (2) the court erred in denying his motion to strike the prior conviction. We conclude the trial court did not err: exclusion of the statement did not constitute an abuse of discretion and the court properly exercised its discretion in denying the request to strike the prior conviction.

FACTS