P. v. Rodriguez CA5
Defendant Esteven Rodriguez was convicted at the conclusion of a jury trial on March 19, 2015, of the first degree murder of Drakkar Lewis (Pen. Code, § 187, subd. (a); count 1), assault on Celeste M. with a firearm (§ 245, subd. (a)(2); count 2), possession of a firearm by a convicted felon (§ 29800, subd. (a)(1); count 3), and possession of ammunition by a person prohibited from possessing a firearm (§ 30305, subd. (a)(1); count 4). The jury found true allegations in count 1 that defendant personally used a firearm causing the victim’s death (§ 12022.53, subd. (d)) and in count 2 that defendant personally used a firearm (§ 12022.5, subd. (a)(1)). The jury also found true enhancements in counts 1 and 2 that defendant committed those offenses for the benefit or at the direction of active participation in a criminal street gang (§ 186.22, subd. (b)(1)(C)).
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