People v. Rodriguez

Opinion

WERDEGAR, J.

Defendant Carlos Rodriguez 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. |

*5A divided Court of Appeal reversed defendant’s conviction of both offenses. The majority concluded the trial court had erred prejudicially by excluding certain evidence offered…