P. v. Rodriguez
Frank Marquez Rodriguez was convicted by a jury of discharging a firearm with gross negligence involving the personal infliction of great bodily injury on his girlfriend (Pen. Code, 246.3, 12022.7), and being a felon in possession of a firearm ( 12021, subd. (a)(1)). The trial court found true two prison prior convictions ( 667.5, subd. (b)). Rodriguez was sentenced to total term of eight years, which included an upper term of three years for discharging the firearm.
Rodriguez contends reversal is required because the trial court failed to instruct the jury his girlfriend was an accomplice, the court failed to orally instruct on the great bodily injury enhancement, there was insufficient evidence to support his conviction of discharging a firearm or the personal infliction of great bodily injury, and imposition of the upper term was improperly based on facts not found true by a jury or admitted by him. Court affirm in part and reverse in part.
Comments on P. v. Rodriguez