People v. Rodriguez

Following a jury trial, defendant Carlos Rodriguez was convicted of first degree murder under the theory of accountability for a drive-by shooting and sentenced to 25 years’ imprisonment.

On appeal, defendant contests (1) the existence of probable cause to justify his arrest; (2) the sufficiency of the evidence as the basis of his conviction; (3) the exclusion of his co-offender’s statement; and (4) the propriety of the 25-year sentence.

For the reasons which follow, we affirm the defendant’s conviction and sentence.

This case arises from the drive-by shooting of Tommy Positano at Mitchell…