P. v. German and Hernandez

Filed 6/21/06 P. v. German and Hernandez CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

APPEAL from judgments of the Superior Court for Los Angeles County, Rand S. Rubin, Judge. Affirmed as Modified.

Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant Pedro Hernandez.

Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant Eliseo German.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Joseph P. Lee and Michael A. Katz, Deputy Attorneys General, for Plaintiff and Respondent.

Defendants and appellants Pedro Hernandez and Eliseo German, along with co-defendant Danny Banchon,[1] were convicted of assault with force likely to result in great bodily injury, a violation of Penal Code section 245, subdivision (a)(1).^[2] The jury found that all defendants committed the assault for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1), and found that German and Banchon personally inflicted great bodily injury on the victim within the meaning of section 12022.7, subdivision (a). Hernandez was sentenced to a prison term of six years, and German was sentenced to a prison term of 26 years. Hernandez and German appeal. We affirm.

BACKGROUND

During the early morning hours of May 12, 2004, Lawrence Brodbar, who worked in the Los Angeles Times warehouse on Westmoreland Avenue near Cosmopolitan Street in Los Angeles, saw a homeless man, Charles Burst, run into the warehouse yelling, â€