People v. Rodriguez CA5

── People v. Rodriguez CA5 ── Court: California Court of Appeal Date: May 12, 2026 Category: General Filed 5/12/26 P. v. Rodriguez CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F088951 Plaintiff and Respondent, (Super. Ct. No. CRF74249) v. MICHAEL WILLIAMS RODRIGUEZ, OPINION Defendant and Appellant. THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. Kevin M. Seibert, Judge. Francine R. Tone, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- * Before Snauffer, Acting P. J., DeSantos, J. and Harrell, J.  INTRODUCTION Appellant and defendant Michael Williams Rodriguez (defendant) was convicted after a jury trial of grossly negligent discharge of a firearm that could cause injury or death (Pen. Code,1 § 246.3, subd. (a)); 10 counts of possession of a firearm by a felon (§ 29800, subd. (a)(1)), and other offenses. He was sentenced to the second strike term of 12 years eight months in prison. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant did not file a supplemental brief on his own behalf. We affirm. FACTS On March 11, 2024, John O. and 10 members of his family, including his grandchildren, arrived at their rented AirBNB cabin (the cabin) in the Cold Springs area of Tuolumne County. The cabin was located on a road in a wooded area. There was a lot of snow on the ground. The cabin’s owner had installed motion-activated security cameras on the outside of the cabin. John O. had never rented the cabin before. Defendant lived in a residence that was on the same road and directly next door to the cabin. Sometime after 7:00 p.m., a grandchild told John O. that someone was shooting outside and the child had already heard two gunshots. As John O. was talking with the child, he heard two gunshots that sounded like they were fired near the cabin. John O. went to the cabin’s back patio, walked around the corner of the cabin to look toward the front, and saw a man walking around. John O. could not see if the man was holding a gun. John O. returned inside the cabin, and heard a man yelling and three or four more gunshots. 1 All further statutory references are to the Penal Code unless otherwise indicated. 2.  John O. was concerned for his family’s safety. He shut off all the interior lights, closed the blinds, and instructed everyone to “lockdown” in one of the rooms. As he did so, John O. again heard the same man’s voice yelling and swearing outside, and four or five additional gunshots. Another family member called 911, and placed a second call to check on when the deputies were coming. While John O. and his family were hiding and waiting for the sheriff’s department, someone started tapping at the cabin’s door. John O. did not open the door or look outside, but spoke thr