State v. Rodriguez
1 CA-CR 15-0659
| Ariz. Ct. App. | Feb 2, 2017Background
- Rodriguez drove past a bar minutes after being told to leave and fired four shots; one bullet entered the bar.
- Police heard shots nearby minutes later, observed Rodriguez’s truck leaving with headlights off, stopped him, and arrested him for DUI after noting intoxication.
- Officers found a semiautomatic handgun, four spent casings, and expert testimony linked the casings and recovered bullet to Rodriguez’s gun (despite defense expert dispute).
- A jury convicted Rodriguez of drive-by shooting, discharging a firearm at a nonresidential structure (based on three shots), and DUI; acquitted on aggravated assault on an officer and resisting arrest.
- Rodriguez appealed, arguing the use of juror numbers created an anonymous jury, the evidence was insufficient to prove discharging at a nonresidential structure, and that that offense is a lesser-included offense of drive-by shooting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Use of juror numbers / anonymous jury | Court/State: procedure explained, parties had full juror information; not anonymous | Rodriguez: juror numbering dehumanized jurors, risked bias and undermined presumption of innocence | Not error: jury was not anonymous (parties had full juror info); explanation and routine practice prevented prejudice; no fundamental error |
| Sufficiency of evidence for discharging a firearm at a nonresidential structure | State: circumstantial evidence (timing, shot heard, bullet through bar, casings in truck, expert match) supports knowing discharge at structure | Rodriguez: three shots may have been fired into air, not at the bar; insufficient proof he aimed at structure | Sufficient: circumstantial evidence allows reasonable inference shots were at the bar; jury properly weighed credibility; conviction affirmed |
| Lesser-included offense: discharge at structure vs drive-by shooting | State: separate acts—one shot basis for drive-by; three other shots basis for discharging at structure | Rodriguez: discharging at a nonresidential structure is a lesser-included offense of drive-by shooting; cannot convict on both | No relief: counts were based on separate, distinct acts; not lesser-included here; defendant waived review but merits also fail |
Key Cases Cited
- State v. Gendron, 168 Ariz. 153 (1991) (standard on preservation and fundamental error)
- State v. Henderson, 210 Ariz. 561 (2005) (definition and prejudice requirement for fundamental error)
- United States v. Harris, 763 F.3d 881 (7th Cir. 2014) (definition and implications of an anonymous jury)
- United States v. Fernandez, 388 F.3d 1199 (9th Cir. 2004) (neutral court explanation of juror-number procedures mitigates prejudice)
- State v. Miranda, 200 Ariz. 67 (2001) (lesser-included offense test and separate-act analysis)
- State v. Singleton, 66 Ariz. 49 (1947) (each independent shot may support separate offenses)