People v. Rodriguez

Opinion

AARON, J. I.

INTRODUCTION

The People charged Arturo Sergio Rodriguez and codefendant Carlos Nicolas Covarrubias with three counts of attempted murder (Pen. Code, §§ 664, 187, subd. (a))1 (counts 1, 3, and 5), and five counts of assault with a deadly weapon or force likely to produce great bodily injury (§ 245, subd. (a)(1)) (counts 2, 4, 6, 7, and 8).2 With respect to each count and each defendant, the People alleged a gang sentence enhancement (§ 186.22, subd. (b)(1)). As to counts 1, 3, and 5, the People alleged that Rodriguez personally used a dangerous and deadly weapon within the meaning of section 12022, subdivision (b)(1). As to counts 2, 4, 6, 7, and 8, the People alleged that Rodriguez personally used a dangerous and deadly weapon within the meaning of section 1192.7, subdivision (c)(23). The People also alleged that Rodriguez had suffered a prison prior (§§ 667.5, subd. (b), 668), a serious felony prior (§§ 667, subd. (a)(1), 668, 1192.7, subd. (c)), and a strike prior (§§ 667, subd. (b), 668, 1170.12) in connection with an August 2000 conviction.

A jury found Rodriguez guilty of counts 2, 4, 6, and 8. The jury found Rodriguez not guilty of the charged offense in count 7 (§ 245, subd. (a)(1)), but guilty of the lesser offense of simple battery (§ 242) as to that count. With respect to count 8, the jury found that Rodriguez personally used a dangerous and deadly weapon within the meaning of section 1192.7, subdivision (c)(23). The jury was unable to reach a verdict on the remainder of the counts and allegations. The trial court declared a mistrial as to counts 1, 3, and 5, and [363]later dismissed those counts and the balance of the allegations, pursuant to the prosecutor’s motion. After the jury returned its verdicts, Rodriguez admitted having suffered the prior conviction. The trial court sentenced Rodriguez to an aggregate sentence of 13 years in prison.

On appeal, Rodriguez claims that the trial court erred in admitting expert testimony pertaining to gangs in general, and in particular, in admitting expert testimony concerning the attitudes of gang members toward “snitches.” In addition, Rodriguez contends that the court erred in denying his motion to bifurcate trial of the substantive crimes from the gang enhancement allegations.