People v. Rodriguez CA2/7

INTRODUCTION

Eric Rodriguez appeals from the judgment after a jury convicted him of attempted murder and found true allegations that he personally used a deadly or dangerous weapon in committing the crime and that he inflicted great bodily injury on his victim. He argues the trial court abused its discretion in denying his motion under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) to strike his prior serious or violent felony conviction for purposes of the three strikes law and in imposing the enhancements. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Rodriguez of Attempted Murder One evening in June 2019 Alejandro Lugo was hanging out with Pablo Rivas and several other friends in the parking lot of their apartment building drinking beer. Rodriguez came up to the group and asked for beer. Rodriguez also asked Lugo, whose father was the manager of the apartment building, if he could smoke, and Lugo said Rodriguez could smoke, but to be careful because the building had cameras. Rodriguez and a woman Lugo did not recognize went to the other side of the parking lot to smoke. A little later the group heard a fight break out at the other end…