People v. Rodriguez CA5

INTRODUCTION

Defendant Abel Rodriguez, Jr., and his cousin, Pedro Alvarez, were charged with one murder and two attempted murders in connection with a drive-by shooting committed in Modesto in 2009. In 2019, Alvarez testified for the prosecution in exchange for a plea offer of voluntary manslaughter with a gang enhancement. (Pen. Code, §§ 192, subd. (a), 186.22, subd. (b)(1)(C).)1 The jury convicted defendant on count I of the murder of Guillermo Gomez, with findings that the murder was premeditated and committed by discharge of a firearm from a motor vehicle. (§§ 187, subd. (a), 189, subd. (a).) On counts II and III, the jury convicted defendant of the premeditated attempted murders of Gabriel N. and Luis C. (§§ 664/187, subd. (a), 189, subd. (a).) On all three counts, the jury found the firearm enhancement and the gang enhancement allegations true. (§§ 12022.53, subds. (d), (e)(1), 186.22, subd. (b)(1).) In a bifurcated proceeding, defendant admitted suffering two prior serious felony convictions for the purpose of Three Strikes2 law sentencing and imposition of a prior serious felony conviction enhancement under section 667, subdivision (a)(1). On the prosecutor’s motion, one…