P.

P. v. Rodriguez CA2/3

Good Law
Court of Appeal of CaliforniaJuly 25, 2013B240769California4,048 words

Opinion

Opinion

Aldrich, J.

INTRODUCTION

Before trial, defendant and appellant Fabian Javon Rodriguez moved to suppress evidence of a gun and ammunition. The trial court denied the motion, and a jury found defendant guilty of corporal injury on a cohabitant and of possession of a firearm by a felon. On appeal, he contends that the trial court erred by denying the suppression motion and, also, by denying his Romero1 motion. We reject both contentions and affirm the judgment.

FACTUAL AND PROCEDURAL BACKBROUND

I. Factual background.

In August 2010, Valerie Nunez was living with defendant, and she was pregnant with their child. Sometime that month, Nunez’s mother, Renee Baca, saw bruising under Nunez’s eyes. Baca later noticed that Nunez had bloodshot eyes and finger marks on her neck. At first, Nunez wouldn’t tell her mother what happened, but she finally told Baca that defendant was responsible for her injuries.3 About two weeks later, on August 28, 2010, defendant drove to Baca’s house. Nunez went outside to talk to him. Nunez testified that she got into the car and they went for a drive. Although she told a police officer that defendant locked the door and pulled out a gun when she got into the car…

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