Rodriguez
Rodriguez v. Adams
Opinion
Opinion
Hamilton, J.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
Before the court is the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 , filed by state prisoner, Salvador Rodriguez (“Rodriguez”). Having reviewed the parties’ papers, and having carefully considered their arguments, the record, and the relevant legal authorities, the court hereby GRANTS the petition.
BACKGROUND
On July 8, 1998, Rodriguez was charged with murder under California Penal Code § 187, along with enhancements that during the commission of the murder, he intentionally discharged a firearm and proximately caused death under California Penal Code § 12022.53(d); that he used a firearm under California Penal Code §§ 1203.06 and 12022.5; and that he inflicted great bodily injury under California Penal Code § 1203.075.
On January 20, 2000, an Alameda County Superior Court jury convicted Rodriguez of second degree murder with the use of a firearm to proximately cause death, but found the allegation of infliction of great bodily injury to be untrue. The trial court sentenced Rodriguez to state prison for a term of 40 years to life.