P. v. Hernandez CA2/2
A jury convicted David Daniel Hernandez (appellant) of attempted murder (Pen. Code, §§ 664/187, subd. (a)). It found true the allegations that the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), and that appellant personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)). In a separate proceeding, the trial court found true the allegation that appellant suffered two prior serious convictions (§ 667, subd. (a)(1)). Appellant was sentenced to a state prison term of 45 years to life as follows: 25 years to life, plus 10 years for violation of section 186.22, subdivision (b)(1) in the commission of a violent felony (§ 186.22, subd. (b)(1)(C)), and 10 years for the serious felony convictions. The trial court stayed the deadly weapon enhancement.
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