People v. Rodriguez CA4/2

INTRODUCTION

Defendant and appellant Cesar Roberto Rodriguez appeals an order denying his

Penal Code1 section 1172.6 resentencing petition at the prima facie stage of the

proceedings. We affirm.

PROCEDURAL BACKGROUND2

In 1992, a jury found defendant guilty of two counts of first degree murder.

(§ 187, subd. (a), counts 1 & 2), one count of attempted murder (§§ 664/187, subd. (a),

count 3),3 one count of kidnapping to commit robbery, with a true finding that the victim

suffered great bodily injury (§ 209, subd. (b)(1), count 4), and two counts of kidnapping

to commit robbery, with a true finding that the victim suffered death (§ 209, subd. (b)(1),

counts 5-6). As to counts 1 and 2, the jury found true the special circumstance of

multiple murder (§ 190.2, subd. (a)(3)), murder in the commission of robbery (§ 190.2,

subd. (a)(17)(A)),4 and murder in the commission of kidnapping (§ 190, subd.

(a)(17)(B)). As to all counts, the jury found true the allegation that a principal to the

1 All further statutory references will be to the Penal Code, unless otherwise indicated.

2 Because the facts of the case are not relevant to the issue raised on appeal, we have not included a…