P. v. Rodriguez 11/26/08 CA1/5

State: California

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

Docket No: A114910

Case Date: 03/12/2009

Preview:Filed 11/26/08

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, v. EDGARDO RODRIGUEZ, Defendant and Appellant. (Alameda County Super. Ct. No. CH-37369) A114910

Following a jury trial, defendant Edgardo Rodriguez (defendant) was convicted of first degree murder, as well as related offenses, special circumstances, and enhancement allegations. On appeal, defendant contends that the trial court erred by: (1) admitting evidence of defendants involvement in a prior shooting, (2) failing to give proper instructions on accomplice testimony, and (3) failing to limit the testimony of a police officer who testified as an expert on criminal street gangs. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND A. The Charges Against Defendant

The charges against defendant arose from a September 16, 2003 shooting in which Francisco Javier Sanchez was killed and Osvaldo Ramirez was injured. Charges initially were brought in a criminal complaint filed on September 18, 2003. Count one of the complaint charged defendant with the first degree murder of Sanchez and alleged special

*

Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part II, A. and part II, C. 1

circumstances and enhancement allegations. Count two charged defendant and three others

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