P. v. Hernandez
Appellant Jose C. Hernandez was convicted by jury of driving under the influence of alcohol and causing bodily injury to three persons (Veh. Code, 23153, subd. (a)), receiving stolen property (Pen. Code, 496d, subd. (a)), and leaving the scene of an injury accident (Veh. Code, 20001, subd. (a)). The court imposed a 28 month prison term as follows: the 16-month mitigated term for driving under the influence, an additional year pursuant to Vehicle Code section 23558 for causing injury, and two concurrent 16 month mitigated terms for receiving stolen property and leaving the scene. On appeal, Hernandez contends his counsel provided ineffective assistance by not moving to exclude a victims in-court identification that was tainted by unduly suggestive pretrial identification practices. The People contend there is sentencing error requiring remand. Court find no merit to either contention and affirm.
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