People v. Hernandez CA6

Filed 12/17/24 P. v. Hernandez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051741

(Monterey County Plaintiff and Respondent, Super. Ct. No. SS043158A)

v.

JOSE ANTONIO HERNANDEZ,

Defendant and Appellant.

Following his resentencing pursuant to Penal Code section 1172.75,1 Jose Antonio Hernandez asserts the trial court erred by staying—rather than striking—a firearm enhancement imposed pursuant to section 12022.53, subdivision (b). The Attorney General agrees and points out other errors in Hernandez’s resentencing. Because the trial court issued a legally unauthorized sentence but made clear its intentions, the parties jointly request that this court modify the judgment and affirm as modified. For the reasons…