People v. Rodriguez CA4/3

FACTS AND PROCEDURAL BACKGROUND

In 2016, a Santa Ana police officer was on patrol in a marked police vehicle when he saw Rodriguez straddling a bike. The officer made eye contact with Rodriguez and got out of his car. Rodriguez started running. The officer ran after Rodriguez and said, “‘Stop, police.’” The officer told Rodriguez he was going to catch him. Rodriguez looked back, said, “‘Come and get me.’” Rodriguez ran through an archway and into a courtyard. The officer paused at the archway and could not see Rodriguez in the courtyard. As the officer passed through the archway, he looked to his left and saw Rodriguez 10 to 12 feet away pointing a gun at him. Rodriguez fired the gun. The officer ducked and fired three times at

1 Further undesignated statutory references are to the Penal Code.

2 Rodriguez, injuring him. The officer sustained a graze wound to his head. Police searched Rodriguez and found heroin, methamphetamine, and a second handgun.

Court Proceedings In 2019, a jury convicted Rodriguez of attempted murder, assault with a firearm on a peace officer, unlawful possession of a firearm by a felon, possession for sale of heroin, and possession for sale of…