People v. Rodriguez CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Just after school let out on a Monday in October 2008, defendant and two others in an SUV drove up alongside three pedestrians on the sidewalk. Someone in the SUV asked the pedestrians, “Where you from?” When one of the pedestrians answered with the name of a street gang, one of the SUV’s inhabitants yelled out the name of the rival gang and opened fire at the three pedestrians. One of them was shot and killed. (People v. Rodriguez, Mar. 28, 2013, B235978 [nonpub. opn.], at *2-*3.)

II. Procedural Background

A. Underlying conviction, sentence, and appeal The People charged defendant and two other inhabitants of the SUV with (1) the murder of the pedestrian who died (§ 187, subd. (a)), and (2) two counts of attempted premeditated murder of the two other pedestrians (§§ 187, subd. (a), 664). The People further alleged that defendant “personally and intentionally discharged a firearm” (§ 12022.53), that all three offenses were “committed for the benefit of, at the direction of, and in

All further statutory references are to the Penal Code unless otherwise indicated.

2 association with a criminal street gang” (§ 186.22,…