P. v. Rodriguez 10/17/05 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H027362

Case Date: 02/01/2006

Preview:Filed 10/17/05 P. v. Rodriguez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. PHILLIP RICKY RODRIGUEZ, Defendant and Appellant. A. INTRODUCTION

H027362 (Santa Clara County Super. Ct. No. CC254542)

This case involves a group beating that took place near the basketball courts in Campbell Park on July 8, 2002. Three men were charged in connection with the beating: Daniel Albert Delgado, Jr., Nathan Thomas Morris, and defendant Phillip Ricky Rodriguez. Midway through trial Morris and Delgado pleaded guilty and the matter proceeded with Rodriguez as the only defendant. The jury found defendant guilty of battery with serious bodily injury (Pen. Code,

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