DECEMBER 15, 2008
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
v. ) No. 00 CR 11338
DANIEL RODRIGUEZ, ) Honorable
) Bertina Lampkin,
Defendant-Appellant. ) Judge Presiding.
JUSTICE ROBERT E. GORDON delivered the opinion of the court:
Defendant Daniel Rodriguez was convicted by a jury on September 21, 2005, of the first-degree
murder of 18-year-old Ricardo Vasquez. In addition, the jury found that defendant
personally discharged the firearm that proximately caused Vasquez’s death. The murder was the
result of a gang-related, drive-by shooting on April 1, 2000, at approximately 9:30 p.m., in the
vicinity of 8707 South Escanaba Street in Chicago. Defendant was sentenced to 45 years of
incarceration, which was the minimum available sentence and which included a 25 year
enhancement for discharging the firearm that proximately caused the victim’s death. On
appeal, defendant makes two claims. First, defendant claims that the trial court abused its
discretion by giving a portion of Illinois Pattern Jury Instruction, Criminal, No. 3.15 (4th ed.
2000) (IPI Criminal 4th). Defendant claims that social science evidence indicates that part of the
instruction is based on a mistaken assumption, namely that an identification is more credible if the