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People v. Rodriguez4/2/1981
COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE
No. 34886
1981.CA.40812 ; 173 Cal. Rptr. 82; 117 Cal. App. 3d 706
April 2, 1981
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DANIEL RODRIGUEZ, DEFENDANT AND APPELLANT
Superior Court of Santa Barbara County, No. 123496, John T. Rickard, Judge.
Paul Arthur Turner, under appointment by the Court of Appeal, for Defendant and Appellant.
George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, William R. Weisman and Carla M. Singer, Deputy Attorneys General, for Plaintiff and Respondent.
Opinion by Jefferson (Bernard), J., with Lillie, Acting P. J., and Radin, J., concurring.
Jefferson
Defendant was charged with the felony offense of murder in violation of section 187 of the Penal Code. His motion to suppress evidence of a letter written by him to his wife while they were both inmates in jail was denied. He waived jury trial. The court found him guilty of second degree murder; probation was denied. Defendant was sentenced to state prison for the upper term of 7 years; credit was allowed for time served in custody in the amount of 252 days, and 42 days were allowed for good time credit.
Defendant appeals from the judgment of conviction. He advances the following contentions in an effort to overturn his conviction: (1) that the trial court erred in denying his motion to suppress evidence of the interspousal jail letter; (2) that the trial court erred in considering the letter when denying probation to defendant; and (3) that he was entitled to additional sentence credit of 42 days for work time while in county jail custody. (Pen. Code, § 4019, subd. (b).)
I
The Factual Summary
On May 28, 1978, about 2:30 p.m., defendant and his wife entered the Hi-Out Tavern in Goleta. Andrew Saavedra, the victim, was there and purchased a drink for defendant and the latter's wife. Saavedra and defendant played pool. Defendant drank three beers and three shots of tequila; Saavedra had four drinks. Defendant asked Saavedra about a woman whom defendant thought was Saavedra's sister; a discussion ensued and Saavedra said: "Don't talk about my family." Saavedra grabbed defendant's shoulder. Defendant pushed Saavedra's hand away and told him to "shut up." Saavedra became angry, stood up, and said: "I told you, don't talk about my family." Saavedra grabbed defendant, and defendant tried to push him away. Defendant pulled out a knife. Defendant's wife tried to stand between the two men. Defendant then slashed Saavedra with the knife and stabbed him repeatedly. After the slashing and stabbing, defendant left the tavern.
An autopsy performed on the victim's body revealed sixteen knife wounds; of these, nine were stab wounds, and the others were slash
wounds. The cause of death was stated to be the result of extravasation which, according to the autopsy physician, meant that the victim bled to death from the large number of wounds.
Other evidence presented by the prosecution tended to establish that about five months before the killing of Saavedra, defendant was arrested for driving under the influence of alcohol; that on this occasion, a shotgun was found under the se
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