The People v. Rodriguez CA6

Good Law
Court of Appeal of CaliforniaAugust 29, 2013H038055California2,996 words

Opinion

Opinion

Filed 8/29/13 P. v. Rodriguez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H038055

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1077096)

v.

FRANCISCO JAVIER RODRIGUEZ,

Defendant and Appellant.

Defendant Francisco Javier Rodriguez appeals from the denial of a petition for a finding of factual innocence. Defendant contends that his trial testimony shows that he killed in self-defense, and that the trial court therefore erred in failing to declare him factually innocent of the charges of murder and attempted murder. We conclude that the trial court properly denied defendant’s factual innocence petition, and we accordingly will affirm.

FACTUAL AND PROCEDURAL HISTORY

On the night of May…

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