People v. Rodriguez CA2/6

Filed 8/1/23 P. v. Rodriguez CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, 2d Crim. No. B325845 (Super. Ct. No. VA124544) Plaintiff and Respondent, (Los Angeles County)

v.

EDWARDO ALFREDO RODRIGUEZ,

Defendant and Appellant.

Edwardo Alfredo Rodriguez appeals the denial of his petition for resentencing on his 2013 conviction of second degree murder (Pen. Code,1 §§ 187, subd. (a); 189, subd. (b).) pursuant to section 1172.6 (former § 1170.95).2 We affirm.

1 All statutory references are to the Penal Code.

2 Effective June 30, 2022 section 1175.95 was renumbered

section 1172.6, with no change in text (Stats. 2022, ch. 58. §10).

The facts underlying appellant’s conviction are derived verbatim from our unpublished opinion affirming the conviction. (People v. Rodriguez, May 27, 2014, B248552 [nonpub. opn.].) “At about midnight on May 10, 2011, appellant and Eduardo ‘Dingo’ Gonzalez were driving in an Isuzu Trooper in South Gate when they saw Guillermo Elisea. Gonzalez fatally shot Elisea twice in the back and the Trooper sped away. [¶] Several weeks later, the police went to Gonzalez’s residence and recovered a .40- caliber pistol. Tests confirmed that expended casings and a bullet found at the scene of the shooting were fired from the pistol. “Following his arrest, appellant was placed in a cell along with two sheriff's deputies posing as inmates. In a recorded conversation that was played for the jury, appellant told the deputies he was riding with his ‘brother’ Dingo when Dingo spotted Elisea standing in front of an apartment building. Dingo had been ‘hunting’ Elisea due to a dispute over a woman. Dingo switched seats with appellant and shot Elisea multiple times in the back before appellant drove away. Appellant took the expended casings and flushed them down a toilet. He then parked the Trooper in Riverside on property owned by his girlfriend’s brother. Appellant also said the police found the murder weapon when they searched Dingo’s house. [¶] The police subsequently found the Trooper where appellant said he had parked it.” A jury convicted appellant of second degree murder and found true allegations that a principal personally used and intentionally discharged a firearm in committing the offense (§§ 12022.53, subds. (b)-(d)). The trial court sentenced him to 15 years to life in state prison.