People v. Rodriguez CA2/8
Filed 6/21/23 P. v. Rodriguez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT
THE PEOPLE, B325369
Plaintiff and Respondent, Los Angeles County Super. Ct. No. PA057565-01 v.
JOSE LUIS RODRIGUEZ,
Defendant and Appellant.
APPEAL from an order of the Superior Court of Los Angeles Count, Hayden Zacky, Judge. Affirmed.
John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
——————————
Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, we review this appeal from the denial of a petition for recall of sentence brought under Penal Code former section 1170.95.1 We affirm the trial court’s order. PROCEDURAL BACKGROUND On April 27, 2009, a jury found appellant Jose Rodriguez guilty of willful, deliberate, premeditated attempted murder in violation of Penal Code sections 664 and 187, subdivision (a) 2 (counts 1 and 2) ; possession of a firearm by a felon in violation of section 12021, subdivision (a)(1) (count 3); and assault with a semi-automatic firearm in violation of section 254, subdivision (b) (counts 5 and 6). Appellant was convicted of shooting two men outside the apartment building where his mother lived. The jury also found true firearm use and discharge allegations, great bodily injury allegations, and gang enhancements. In addition to the jury verdicts, appellant pleaded guilty to resisting an executive officer in violation of section 69 (count 4). On July 23, 2009, appellant was sentenced to life in prison with the possibility of parole plus 50 years on the attempted murder charges with the firearm enhancements. He was sentenced to a consecutive three-year term on the resisting charge. The sentences on counts 3, 5, and 6 were stayed. Appellant was the sole defendant charged in the amended
More from California Court of Appeal
- People v. Hill (1998)
- In Re Autumn H. (1994)
- Nwosu v. Uba (2004)
- In Re Casey D. (1999)
- Santisas v. Goodin (1998)
- Cahill v. San Diego Gas & Electric Co. (2011)
- People v. Rivera (2015)
- People v. Barnett (1998)
- People v. Serrano (2012)
- Benach v. County of Los Angeles (2007)