People v. Rodgers CA2/2

BACKGROUND

Procedural history Defendant was charged in a four-count information as follows: in count 1, with the attempted willful, deliberate, and premeditated murder of Naveed Mirza (Mirza), in violation of Penal Code sections 664 and 187, subdivision (a);1 in count 2, with kidnapping to commit robbery in violation of section 209, subdivision (b)(1); in count 3, with second degree robbery in violation of section 211; and in count 4, with first degree residential burglary in violation of section 459. The information also alleged as to counts 1, 2, and 3, that defendant personally inflicted great bodily injury upon the victim within the meaning of 12022.7, subdivision (a), and that defendant personally used a firearm during the commission of the crimes within the meaning of section 12022.53, subdivision (b). For purposes of section 667, subdivision (a)(1), and the “Three Strikes” law (§§ 667, subd. (b)-(i), 1170.12, subd. (a)-(d)), the information alleged that defendant had suffered a prior serious or violent felony conviction or juvenile adjudication. Defendant waived his right to a jury trial, and after a court trial, he was convicted of all counts as charged. In addition, the…