People v. Rodarte CA2/5

I. INTRODUCTION

A jury convicted defendant, Raul Rebelez Rodarte, of first degree murder (Pen.

Code, § 187, subd. (a))1 and attempted premeditated murder (§§ 664, 187, subd. (a)). The jury further found as to each offense the gang and firearm use allegations were true. (§§ 186.22, subd. (b)(1)(C); 12022.53, subds. (b)-(d).) We modify the judgment and affirm it as modified.

II. THE EVIDENCE

Defendant was an active gang member. He armed himself with a loaded semi- automatic pistol and drove to the heart of a rival gang’s territory. Defendant stopped his car in the middle of the street and got out. In broad daylight, defendant fired his weapon multiple times at a group of men congregated in front of a residence. Defendant got back into his car and drove away. Vincent Casson was shot in the leg but survived. Jesse McWayne was shot in the back and died. Two eyewitnesses to the shooting—Mr. Casson and Candace Benton—identified defendant as the gunman. At the hospital following the shooting, Mr. Casson positively identified defendant as the gunman. At trial, Mr. Casson testified there was “a possibility” defendant was the man who fired the shots. Ms. Benton is Mr. Casson’s godmother…