P. v. Hernandez
Manuel Hernandez (appellant) was convicted by a jury of first degree robbery (count 1, Pen. Code, 211, 212.5),[1]aggravated mayhem (count 2, 205), and dissuading a witness by force or threat (count 3, 136.1, subd. (c)(1)). The jury also found as to all counts that he personally used a firearm, as to counts 1 and 2, that he intentionally discharged a firearm causing great bodily injury, and as to counts 1 and 3, that he personally inflicted great bodily injury. ( 12022.53, subds. (b)-(d), 12022.5, subd. (a), 12022.7, subd. (a).) In a bifurcated trial, the jury found that he committed all three offenses for the benefit of a criminal street gang. ( 186.22, subd. (b)(1).) Appellant was sentenced to a determinate term of 31 years, two terms of life with the possibility of parole, and a term of 25 years to life. The court ordered the sentences to run consecutively.
Appellant appeals, contending that there is insufficient evidence to support the aggravated mayhem conviction, the trial court erred by imposing consecutive sentences, and his constitutional rights were violated when the court imposed consecutive sentences, relying on facts not found true by the jury.
Court conclude the evidence supports the jury verdict, and determine the court erred when it ordered consecutive sentences for all three counts. Court modify the judgment by staying the sentence imposed for dissuading a witness, as alleged in count 3, and affirm.
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