P. v. Rodriguez
Filed 4/19/06 P. v. Rodriguez CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JOHN RAY RODRIGUEZ, Defendant and Appellant. | E038690 (Super.Ct.No. FSB 023282) OPINION |
APPEAL from the Superior Court of San Bernardino County. Douglas A. Fettel, Judge. Affirmed.
R. Zaiden Corrado and Robert Z. Corrado for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Gil P. Gonzalez, Supervising Deputy Attorney General, and Garrett Beaumont, Senior Deputy Attorney
General, for Plaintiff and Respondent.
Defendant John Ray Rodriguez appeals judgment entered following jury convictions for first degree murder (Pen. Code, § 187, subd. (a); count 1)[1]; attempted second degree robbery (§§ 664/211; count 2); and attempted murder (§§ 664/187, subd. (a); count 3). The jury also found true that as to all counts defendant personally used a firearm (§ 12022.5, subd. (a)(1)) and personally and intentionally discharged a firearm (§ 12022.53, subd. (c)). The court granted defendant's acquittal motion as to count 4 for attempted murder (§§ 664/187, subd. (a)), and dismissed the count. Defendant was sentenced to 84 years to life in prison.
Defendant contends the trial court erred in failing to instruct the jury on malice and deliberation; failing to instruct the jury to view the victim's testimony with caution; and excluding evidence of the victim's predisposition â€
