P. v. Rodriguez
Defendants Alfred Ray Rodriguez (Rodriguez) and Benjamin Hernandez (Benjamin)[1] appeal from their convictions of second degree murder (Pen. Code,[2] § 187, subd. (a)). Both defendants contend the evidence was insufficient to show they aided and abetted a codefendant[3] in killing the victim.
The jury also found true the allegation that Benjamin used a deadly weapon, a shovel, in the commission of the murder (§ 12022, subd. (b)(1)). Benjamin contends that finding was not supported by substantial evidence, and the one-year sentence enhancement for weapon use must therefore be stricken.
We find no error, and Court affirm the judgments.
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