PEOPLE v. RODRIGUEZ

No. S159497.

47 Cal.4th 501 (2009)

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

Supreme Court of California.

August 20, 2009.


Attorney(s) appearing for the Case

Matthew Alger, under appointment by the Supreme Court, and Murray A. Rosenberg, 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, Scott A. Taryle, Kristofer Jorstad, Jason Tran and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

KENNARD, J.

A jury convicted defendant of three counts of assault with a firearm. (Pen. Code, § 245, subd. (a)(2).)1 As to each count, the jury found to be true two sentence enhancement allegations: that defendant personally used a firearm (§ 12022.5, subd. (a)), and that the assault was a "violent felony" committed to benefit a criminal...

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