P. v. Hernandez
Filed 8/2/06 P. v. Hernandez CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. ALONSO LEEROY HERNANDEZ, Defendant and Appellant. | G035022 (Super. Ct. No. 02CF0624) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Gary S. Paer, Judge. Affirmed in part and reversed in part.
Conrad Petermann, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia, Deputy Attorney General, for Plaintiff and Respondent.
Alonso Leeroy Hernandez appeals from a judgment after a jury convicted him of discharging a firearm in a school zone, discharging a firearm with gross negligence, attempted murder, assault with a firearm, domestic battery, criminal threats, and attempting to evade a peace officer while driving recklessly, and found true he personally used a firearm as to two of the counts, inflicted great bodily injury as to one of the counts, and discharged a firearm as to one of the counts. He contends insufficient evidence supports his conviction for making a criminal threat and he received ineffective assistance of counsel. We agree insufficient evidence supports his conviction for making a criminal threat and reverse his conviction as to that count. In all other respects, we affirm the judgment.
FACTS
March 4, 2002, Incident
In February 2002, Alicia Garcia lived with Hernandez and their
one-year-old daughter at Hernandez's sister's house. Garcia and Hernandez argued, and later when Garcia was asleep, Hernandez hit her on the face and leg, leaving visible bruises. Approximately one week later, Garcia's parents picked up Garcia and her daughter and took them to live at their house. Garcia did not tell Hernandez she was leaving.
On March 4, 2002, Garcia and her father were home when the telephone rang, but Garcia did not answer because she thought it was Hernandez. Later, Hernandez arrived at the house to see his daughter. Garcia's father repeatedly told Hernandez that he should stay away from Garcia for a while. Hernandez was upset, and he stood up and walked around. Garcia saw a â€
