P. v. Rodriguez CA5
A jury convicted Jesus Manuel Rodriguez and Edgar Octavio Barajas (collectively, defendants) of willful, deliberate, and premeditated murder, conspiracy to commit murder, and active participation in a criminal street gang, arising from the shooting death of a young girl in a park in Modesto. A firearm enhancement also was found true. This case has a lengthy and complicated procedural history. In our unpublished opinion in case No. F065807, we affirmed the judgments of both defendants. The defendants appealed to the California Supreme Court (Supreme Court), and in an opinion filed May 17, 2018, People v. Rodriguez (2018) 4 Cal.5th 1123, that court reversed defendant Barajas’s convictions with directions to enter a judgment of acquittal. As to defendant Rodriguez, the Supreme Court remanded the matter to this court, with directions to remand to the trial court for the trial court to consider exercising its discretion under Penal Code section 12022.53, subdivision (h) with respect
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