People v. Hernandez CA4/3

FACTS

Andrew S. sometimes slept in his car if he arrived home late, as he did not want to disturb his family. He suffered from knee problems, so when sleeping in his car, he would lie down in the back seat, leave the rear

2 door open, fully extend his legs, and let his feet hang out. He also sometimes smoked marijuana to alleviate his knee pain. Early one morning in September 2021, at about 1:30 a.m., Andrew parked his car across the street from a gym in Perris; he then lay down to sleep on the back seat. About 15 minutes later, a man driving home from work became concerned when he noticed feet sticking out of the rear driver’s side door, and he stopped to make sure the person inside was alright. Andrew woke up and confirmed he was okay; he was not aggressive in any way. At 5:30 that morning, Hernandez shot Andrew twice in the head. Hernandez later admitted that he shot Andrew, but he provided conflicting accounts as to why he did so. There was also inconsistent evidence as to where Andrew was and what he was doing (laying down, sitting in the car, or outside the car) when Hernandez shot him. Business records confirm that Hernandez clocked into his job at a nearby warehouse at…