P. v. Rodriguez
Andrew Rodriguez was charged with attempted murder (count 1; Pen. Code, 664, 187, subd. (a)),[1]assault with a firearm (count 2; 245, subd. (a)(2)), first degree burglary (count 3; 459), kidnapping (count 4; 207, subd. (a)), child endangerment (count 5; 273a, subd. (a)), carrying a concealed and stolen gun (count 6; 12025, subd. (b)(2)), and carrying a loaded and stolen firearm in a public place (count 7; 12031, subd. (a)(2)). The jury convicted defendant of willful attempted murder, assault with a firearm, first degree burglary, child endangerment, and carrying a loaded and stolen firearm in a public place. Regarding the attempted murder count, the jury found that the crime was premeditated and deliberate. The jury acquitted defendant of kidnapping and of carrying a concealed and stolen gun. He was sentenced to a total prison term of 29 years to life. Defendant appealed. On appeal, defendant contends: (1) his due process rights were violated because his conviction for premeditated and deliberate attempted murder is not supported by sufficient evidence, and (2) he received ineffective assistance of counsel when his attorney failed to request that the jury be instructed in accordance with Judicial Council of California Criminal Jury Instructions, CALCRIM No. 625, which would have pinpointed the theory that voluntary intoxication negated the requisite specific intent for premeditated and deliberate attempted murder. Court reject these contentions and affirm the judgment.
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