P. v. Rodriguez CA2/8
Defendant Joe Rodriguez received a sentence of 140 years to life following his conviction of one count of murder, and two counts of attempted murder, for his participation in a gang-related shooting. (People v. Rodriguez (Oct. 20, 2016, B265581) [nonpub. opn.].) The trial court denied defendant’s posttrial motion for discovery pursuant to Penal Code section 1054.9, finding that the statute did not apply to defendant, because he was not serving a life sentence without the possibility of parole. Defendant appeals, arguing that his sentence was the functional equivalent of a life sentence without the possibility of parole. Exercising our discretion to treat his appeal as a petition for writ of mandate, we deny defendant’s request for relief.
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