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PEOPLE v. RODRIGUEZ

No. B203609.

170 Cal.App.4th 1062 (2009)

THE PEOPLE, Plaintiff and Respondent, v. CIRILO RODRIGUEZ, Defendant and Appellant.

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

CERTIFIED FOR PARTIAL PUBLICATION.

Attorney(s) appearing for the Case

Alan Siraco, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Margaret E. Maxwell and Erika D. Jackson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

EPSTEIN, P. J. —

Cirilo Rodriguez appeals from his convictions of attempted murder and mayhem stemming from an attack on his wife, Sandra Rodriguez. His sole contention on appeal is that the trial court erred by instructing the jury that it could consider his failure to explain or deny incriminating facts. In the published portion of the opinion, we conclude there is no constitutional infirmity in the challenged instruction. In...

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