People v. Rodriguez CA3
Opinion
Opinion
Filed 6/5/15 P. v. Rodriguez CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento) ----
THE PEOPLE, C074744
Plaintiff and Respondent, (Super. Ct. No. 12F06492)
v.
MARIO RODRIGUEZ,
Defendant and Appellant.
A jury found defendant Mario Rodriguez guilty of being a felon in possession of a firearm and in possession of ammunition. In connection with the firearm charge, the jury found a gang enhancement to be true. Sentenced to prison for four years eight months, defendant appeals, contending: (1) insufficient evidence supports the gang enhancement, specifically the finding that he
1 possessed the firearm for the benefit of or to promote a gang; and (2) Penal Code1 section 654 barred a concurrent sentence on…