P. v. Rodriguez CA6
Defendant Andrew Daniel Rodriguez shot and killed Pedro Hernandez after Hernandez used his pickup truck to hit defendant’s parked car. A jury convicted defendant of second degree murder (Pen. Code, § 187) and found true an allegation that he had personally discharged a firearm causing death (§ 12022.53, subd. (d)). He was sentenced to a total term in prison of 40 years to life. On appeal, defendant argues: (1) the trial court erred when it denied his motion for acquittal because insufficient evidence supports his conviction, (2) the trial court erred when it admitted excessive and unnecessary gang evidence, (3) the trial court erred when it instructed the jury on the defense of self or another, and (4) cumulative errors denied him due process of law. For the reasons set forth below, we reject defendant’s claims of error.
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