Hernandez

INTRODUCTION

In 2008, a jury convicted defendant Daniel Hernandez of multiple counts of discharging a firearm from a motor vehicle at another person (Pen. Code, former § 12034, subd. (c); counts 4, 5 & 6), but acquitted him of murder (§ 187, subd. (a); count 1) and deadlocked on two attempted murder charges (§§ 664, 187, subd. (a); counts 2 & 3), which were not retried. (Undesignated statutory references are to the Penal Code.) It found true allegations a principal personally and intentionally discharged a firearm causing death during the commission of count 4 (§ 12022.53, subds. (d), (e)(1)); a principal personally discharged a firearm during the commission of counts 5 and 6 (§ 12022.53, subds. (c), (e)(1)); and counts 4, 5, and 6 were committed for the benefit of or in association with a criminal street gang (§ 186.22, subd. (b)). In August 2022, defendant filed a form petition for resentencing pursuant to former section 1170.95 (now § 1172.6),1 asserting in part that he was “convicted of murder, attempted murder, or manslaughter following a trial,” and he “could not presently be convicted of murder or attempted murder because of changes made to Penal Code §§ 188 and 189.” The…