People v. Rodriguez CA2/6

Facts In 2009, petitioner was convicted, by jury, of the second degree murder of John Orrantia and of assault with a deadly weapon on Orlando Orrantia. The jury found petitioner not guilty of street terrorism (§ 186.22, subd. (a)), and found not true an allegation that the offenses were committed for the benefit of a street gang. (§ 186.22, subd. (b)(1).) Petitioner’s co- defendant, Gustavo Tapia, was found not guilty of John’s murder and of street terrorism, but was convicted of assault with a deadly weapon on Orlando. The jury found not true the allegations that Tapia personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)), that he personally inflicted great bodily injury on Orlando (§ 12022.7, subd. (a)), and that he acted to benefit a street gang. (§ 186.22, subd. (b)(1).) We affirmed petitioner’s convictions in an unpublished opinion. (Rodriguez, supra, B215469.) The Crime. We summarize the statement of facts from our prior opinion on petitioner’s direct appeal: In January 2006, petitioner and Gustavo Tapia attended a large party in Ventura, arriving in a black Toyota Camry that was registered to Tapia’s parents. John Orrantia and his brother Orlando attended…