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PEOPLE v. RODRIGUEZ

No. B112980.

77 Cal.Rptr.2d 676 (1998)

66 Cal.App.4th 157

The PEOPLE, Plaintiff and Respondent, v. Eugenio RODRIGUEZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

Review Denied November 24, 1998.

Attorney(s) appearing for the Case

Ralph H. Goldsen, under appointment by the Court of Appeal, Santa Barbara, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Pamela C. Hamanaka, Supervising Deputy Attorney General, and Alan D. Tate, Deputy Attorney General for Plaintiff and Respondent.

ZEBROWSKI, Associate Justice.

In this case of first impression, appellant Eugenio Rodriguez (defendant) was convicted of first degree murder. The special circumstance established by Penal Code section 190.2 subdivision (a)(21),1 intentional murder by discharging a firearm from a vehicle at another person with intent to kill, was also found true. Defendant was consequently sentenced to life without parole (LWOP). On appeal, defendant contends...

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