Rodriguez

In this case of first impression, appellant Eugenio Rodriguez (defendant) was convicted of first degree murder. The special circumstance established by Penal Code section 190.2 subdivision (a)(21) (§ 190.2(a)(21)), intentional murder by discharging a firearm from a vehicle at another person with intent to till, was also found true. Defendant was consequently sentenced to life without parole (LWOP). On appeal, defendant contends that the special circumstance established by section 190.2(a)(21) is unconstitutional both on its face and as applied “under the Due Process Clause of the Fourteenth Amendment and the Eighth Amendment” of the United States Constitution. He contends that the special circumstance finding is therefore invalid, that his LWOP sentence must therefore be vacated, and that he must be resentenced to 25 years to life (which would allow the possibility of eventual parole.) We find section 190.2(a)(21) constitutional both on its face and as applied in this particular case, and hence affirm.

I. Background.

Defendant and his victim encountered each other late at night in the parting lot of a convenience store. The victim had placed his car in a position…