P. v. Rodriguez CA5
-ooOoo- INTRODUCTION Edmundo Anthony Rodriguez appeals a trial court order denying his resentencing petition under Penal Code section 1172.6 after an evidentiary hearing. He contends the trial court erred by (1) refusing to consider his misidentification theory and new evidence at the evidentiary hearing; (2) finding he was the actual killer because a 2001 jury found not true a personal and intentional firearm use enhancement (§ 12022.5
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