People v. Hernandez CA2/6

FACTS AND PROCEDURAL HISTORY

On February 17, 2007, Carlos Gomez was working as a security guard at a dance for teenagers at a church in Santa

1All statutory references are to the Penal Code unless

stated otherwise. Maria. Gomez noticed Hernandez and other young men standing near the church entrance. When Gomez asked the men to move away, Hernandez responded, “viva la raza.” He wore a football jersey with the number “13” on the front and “Southside” on the back. Gomez soon heard a noise that sounded like firecrackers. Hernandez ran toward the front of the church and shot at people standing in line for the dance. He shouted a gang slogan and walked away. Hernandez entered a vehicle that left the church parking lot. Gomez copied the license plate number of the vehicle. Hernandez wounded two people in the shooting. One sustained a gunshot wound to his left arm, the other a gunshot wound through his left arm and into his chest. Several hours later, a Santa Maria police officer attempted to effect a traffic stop on Hernandez. Hernandez drove away, then stopped his vehicle, and fled on foot. The officer found Hernandez lying beneath a parked vehicle. A jury convicted Hernandez of two…