People v. Rodriguez CA6

Filed 7/28/15 P. v. Rodriguez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040074

(Santa Cruz County Plaintiff and Respondent, Super. Ct. No. F21710)

v.

RAUL PEREZ RODRIGUEZ,

Defendant and Appellant.

Defendant Raul Perez Rodriguez was found guilty of premeditated attempted murder committed for the benefit of a criminal street gang. On appeal, defendant argues there was insufficient evidence to support the jury’s finding of premeditation and the gang enhancement. In addition, defendant argues the trial court erred in failing to instruct the jury on voluntary intoxication as it related to his claim of imperfect self-defense.

STATEMENT OF THE FACTS AND CASE

On October 23, 2011, the victim in this case,…