P.

Filed 3/11/13 P. v. Rogers CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C067770

Plaintiff and Respondent, (Super. Ct. No. 09F07686)

v.

CHRISTOPHER ROGERS,

Defendant and Appellant.

After an initial jury deadlocked, a second jury, upon retrial, convicted defendant Christopher Rogers of first degree murder and found he personally discharged a firearm to commit the killing. (Pen. Code, §§ 187, subd. (a), former 12022.53, subd. (d).)

Sentenced to an aggregate state prison term of 50 years to life, defendant appeals. He contends there is insufficient evidence (1) that he was the killer, and (2) that he deliberated and premeditated. He also claims that (3) the prosecutor engaged in prejudicial…