P. v. Hernandez CA2/5
The jury found defendant and appellant Oscar Hernandez guilty of first degree murder (Pen. Code, § 187, subd. (a) [count 1]) and second degree murder of a human fetus (§ 187, subd. (a) [count 2]). With respect to both counts, the jury found true the allegations that Hernandez discharged a firearm, causing great bodily injury and death. (§ 12022.53, subd. (d).) As to count 1, the jury found true the allegation that the murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)), and the special circumstances that Hernandez committed multiple murders (§ 190.2, subd. (a)(3)) and committed the murder in count 1 while he was an active gang member to further the activities of the gang (§ 190.2, subd. (a)(22)).
At the sentencing hearing, Hernandez admitted to having served four prior prison terms, two of which he served concurrently. The trial court sentenced Hernandez to life without parole in count 1, and a consecutive 15 years to life in count 2, plus 2
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