People v. Rodriguez CA2/2

Filed 5/17/16 P. v. Rodriguez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B260777

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA074989) v.

SALVADOR RODRIGUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Joseph A. Brandolino, Judge. Affirmed.

Cynthia L. Barnes, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted appellant Salvador Rodriguez of willful, deliberate and premeditated attempted murder. (Pen. Code., §§ 664, 187, subd. (a).)1 The jury also found true the firearm enhancements. (§ 12022.53, subds. (b), (c), (d).) Appellant was sentenced to 32 years to life in state prison as follows: a term of seven years to life for the attempted murder conviction, plus 25 years to life for the finding of personally and intentionally discharging a firearm causing great bodily injury. Appellant contends (1) the evidence was insufficient to support his attempted murder conviction, and (2) the trial court prejudicially erred by admitting irrelevant and excessive gang evidence. We affirm. FACTS Prosecution Evidence The Shooting On May 11, 2013, Gerardo Martinez, Jr. (Martinez) lived on Wisner Avenue in Los Angeles County with his parents and others. At approximately 11:00 p.m., Martinez was in his room when his cousin told him that appellant and Wallace Bates (Bates) were outside looking for him. Appellant, Bates and Martinez were neighbors. Martinez knew appellant through appellant’s brother, Jimmy. Martinez knew appellant as “Chito.” Martinez walked out to the gate, where Bates was waiting. Bates pointed toward a camper and said, “Oh, you know Chito?” Appellant then stepped out from behind a camper, wearing a “[b]lack hoodie, black pants, all black.” Martinez was nervous because it was late and two grown men had come to see him. Martinez’s father saw appellant and Bates with his son. Martinez and appellant started walking up the street. Martinez’s father saw them walking together. Appellant asked Martinez, “Who are you?” Martinez told appellant his name, that he had lived there for 11 years, that he went to Van Nuys High School, and that he knew Jimmy. Martinez stopped walking and asked appellant, “So who are you?” Appellant and Martinez were standing side by side. Without saying anything, appellant