PEOPLE v. RODRIGUEZ

No. S066848.

82 Cal.Rptr.2d 413 (1999)

971 P.2d 618

20 Cal.4th 1

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

Supreme Court of California.

February 25, 1999.


Attorney(s) appearing for the Case

Richard A. Levy, Los Angeles, under appointment by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Marc E. Turchin, Kenneth C. Byrne, Susan D. Martynec, and Beverly K. Falk, Deputy Attorneys General, for Plaintiff and Respondent.


WERDEGAR, J.

Defendant was convicted of murder (Pen. Code, § 187, subd. (a); further statutory references are to this code unless otherwise indicated) and assault with a firearm (§ 245, subd. (a)(2)). The jury found defendant had used a firearm in the commission of both offenses. (§ 12022.5, subd. (a).) Defendant was sentenced to serve a total term of 42 years 4 months to life in state prison.

A divided Court of Appeal reversed defendant's conviction...

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