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12-10-2009 100
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Posted on December 1, 2008 4:58 AM

Lawyer: New law may effect man's parole

A man police say was present during the 2007 shooting of a woman at her Toftrees apartment was sentenced to two to four years in prison last Monday, but he may not have to serve a day of it with the application of a new law, his lawyer said.

Enrique Rodriguez, of Brooklyn, N.Y., pleaded guilty last Monday to criminal attempt to possess heroin, a felony, as part of a plea agreement with Centre County District Attorney's office, Edward Blanarik, Rodriguez's lawyer, said. Police say the 19-year-old stood by while Damien C. Webster, 27, shot a State College woman in the face in the midst of a robbery.

Despite the sentence, Rodriguez should be eligible for immediate parole, Blanarik said.

He would be eligible in accordance with a law that took effect Monday, Blanarik said.

The law states that as soon as 75 percent of the person's minimum sentence is served, the prisoner is eligible for parole, he said.

Rodriguez has already spent more time than the required 18 months in county jail awaiting his sentencing trial, Blanarik said.

"My interpretation is that as soon as he hits state prison ... he should turn around and be processed out on parole," Blanarik said.

On Feb. 7, 2007, Theresa Anzivino was pushed into her bedroom closet and shot by Webster at point-blank range in the face, police said.

The incident occured at her apartment on Toftrees Avenue, police said. Anzivino survived the shooting.

Webster was accompanied by Rodriguez to the apartment in an attempt to steal heroin that Anzivino was selling, according to court documents.

Webster, of Altoona, pleaded guilty to aggravated assault and criminal conspiracy in July as part of a plea deal and is serving his sentence of seven to 14 years in prison.

Centre County District Attorney Michael Madeira did not immediately return multiple phone calls seeking comment.



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