People v. Rodriguez CA4/1

INTRODUCTION

A jury convicted Andres Rodriguez of possession of a firearm by a

person previously convicted of a felony (Pen. Code,1 § 29800, subd. (a)(1); counts 4 and 5), unlawful possession of ammunition (§ 30305, subd. (a)(1); count 6), and attempting to dissuade a witness from prosecuting a crime by

force or threat (§ 136.1, subds. (b)(2) & (c)(1); count 7).2 In a bifurcated bench trial, the court found true an allegation that Rodriguez committed the attempted witness dissuasion offense for the benefit of a criminal street gang (§ 186.22, subd. (b)), as well as various sentencing enhancements. The court sentenced Rodriguez to an indeterminate life sentence on count 7, and a determinate term of 13 years eight months, on the remaining counts. Rodriguez makes three contentions on appeal. First, he contends the trial court erred by denying his motion to suppress the evidence obtained by police officers during the search of his girlfriend’s vehicle. Next, Rodriguez asserts insufficient evidence supports his conviction for attempting to dissuade a witness, and that the trial court provided faulty jury instructions pertaining to this charge. Finally, Rodriguez contends the court…