People v. Hernandez CA4/2

I. INTRODUCTION

Defendant and appellant Robert Christian Hernandez was convicted, by a jury, of

assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b); count 1)1 and

possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2). It was also found true

that defendant personally used a firearm in the commission of count 1 (§ 12022.5, subds.

(a)-(d)) and suffered prior convictions qualifying as a strike offense and a serious prior

felony (§§ 667, subds. (a)-(i), 1170.12, subds. (a)-(d)). Defendant was sentenced to an

aggregate term of 28 years in state prison, which included the imposition of a

consecutive, 10-year enhancement for personal use of a firearm, as well as the imposition

of various fines and fees.

On appeal, defendant contends that (1) the trial court abused its discretion by

failing to dismiss his firearm enhancement pursuant to section 1385; (2) the trial court

violated his due process rights by imposing fines and fees without assessing his ability to

pay; and (3) there is a calculation error with respect to his award of custody credits. We

conclude that defendant has forfeited his claims of error with respect to the trial court’s

failure…