People v. Rodriguez CA3

Filed 3/16/21 P. v. Rodriguez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C084385

Plaintiff and Respondent, (Super. Ct. No. 16FE001413)

v.

VICENTE RODRIGUEZ,

Defendant and Appellant.

Appointed counsel for defendant Vicente Rodriguez asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After reviewing the record and the parties’ supplemental briefs, we will remand to allow the trial court to exercise its discretion under Senate Bill Nos. 620 and 1393. In all other respects, we will affirm.

1

BACKGROUND The underlying offenses Defendant shot at two people, the victim and the victim’s friend, in front of the victim’s mother’s house. Approximately two weeks before the shooting, the victim had been carjacked by five or six people. He reported his car stolen and subsequently considered himself a snitch and felt he had to watch his back. The day of the shooting, defendant came to the victim’s mother’s house. The victim was not home, so defendant left a telephone number with the victim’s brother. Though the victim had never met defendant, he called him, and they agreed to meet at a market. The victim left for the market with his friend. At the market, defendant approached the victim’s car and told the victim he had three days to give him money and guns or he would kill his family. He called the victim a bitch and asked why he had not recovered his car from the carjackers. Defendant also showed the victim a video of defendant beating a man. The video was later shown to the jury. As the victim drove away, defendant yelled, “I’m going to go right now and kill your family.” The victim drove to a nearby friend’s house and got a gun. Ten to 15 minutes later, the victim drove up to his mother’s house, with his friend in the passenger seat. As he was pulling over, he saw defendant drive up. Defendant exited his car and opened fire. A bullet hit the windshield and passed by the victim’s face. Defendant also shot into the tailgate. As the first bullet went through the windshield, the victim drew his gun and shot several times. The victim then drove off. A surveillance system captured some of the shooting.