Rodriguez

People v. Rodriguez

Good Law
168 Cal. App. 4th 972·2008 Cal. App. LEXIS 2364·86 Cal. Rptr. 3d 115
Court of Appeal of CaliforniaNovember 26, 2008A114910California6,864 words

Opinion

Opinion

Following a jury trial, defendant Edgardo Rodriguez (defendant) was convicted of first degree murder, as well as related offenses, special circumstances, and enhancement allegations. On appeal, defendant contends that the trial court erred by (1) admitting evidence of defendant's involvement in a prior shooting, (2) failing to give proper instructions on accomplice testimony, and (3) failing to limit the testimony of a police officer who testified as an expert on criminal street gangs. We affirm.

The charges against defendant arose from a September 16, 2003 shooting in which Francisco Javier Sanchez was killed and Osvaldo Ramirez was injured. Charges initially were brought in a criminal complaint filed on September 18, 2003. Count one of the complaint charged defendant with the first degree murder of Sanchez and alleged special circumstances and enhancement allegations. Count two charged defendant and three others—Bryan Giddings, Manuel Robles, and Omar Anwar (the codefendants or the witnesses)—with shooting at an occupied motor vehicle. Count two alleged, as to all four defendants, that the offense was committed for the benefit of a criminal street gang.

All of…

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