Rodriguez

BACKGROUND

Charges The Kern County District Attorney charged each Rodriguez with four crimes: Attempted murder (Pen. Code,3 § 664/187; count 1), assault with a firearm (§ 245, subd. (b); count 2), assault with a deadly weapon (§ 245, subd. (a)(1); count 3), and active gang participation (§ 186.22, subd. (a); count 4). Alleged enhancements included premeditation and deliberation (§ 664, subd. (a)), gang-related crime (§ 186.22, subd. (b)), personally inflicting great bodily injury (§ 12022.7, subd. (a)), personal use of a firearm (§ 12022.5, subd. (a)), and discharging a firearm causing great bodily injury (§ 12022.53, subd. (d).) Trial Evidence4 The evidence indicated Elijah and Michael were traveling together in a car driven by a third person. The vehicle eventually crossed paths with the victim. At trial, the victim testified three “African Americans” attacked him one night. But in a prior statement, the victim had described “two Hispanic males” confronted him while speaking “ ‘their boo boo gang shit ….’ ” In the prior statement, the victim explained one man hit him in the head with a gun, and the other man punched him in the chest. A treating physician later testified the…