Defendant v. Rodriguez
Annotate this CaseDefendant Jesus Rodriguez and his codefendant Ralph Gamboa went on a two-day crime spree in Stockton, California: they robbed and attempted to rob numerous victims, and when met with resistance or perceived noncompliance, they resorted to violence. In separate incidents on the same day, defendant shot Victor D.R. in the head but he survived. Gamboa later shot and killed Luis Z.. And defendant later shot and killed Javier R. A jury found defendant guilty of all 19 counts charged and found true 11 firearm enhancements and two robbery-murder special-circumstances allegations. The trial court sentenced defendant to an aggregate term of 178 years eight months to life plus two consecutive terms of life without the possibility of parole. On appeal, defendant raised five issues. Reviewing each, the Court of Appeal modified the judgment to: (1) stay execution of the sentence imposed on count 8, mayhem, pursuant to Penal Code section 654; and (2) impose the $1,000 collection fee pursuant to Penal Code section 1202.4 (l). As so modified, the Court affirmed in all other respects.
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