The People v. Hernandez CA4/2

INTRODUCTION

When defendant Arturo Hernandez was 20 years old, he killed his grandmother 1 who had raised him. A jury convicted him of first degree murder. The court sentenced

him to prison for 55 years to life. On appeal, defendant challenges the elements of

premeditation and deliberation. Defendant seeks either a reversal of his conviction or a

reduction to second degree murder and a sentence of 30 years to life. We reject

defendant‟s arguments and affirm the judgment.

II

STATEMENT OF FACTS

At the time of her death, defendant‟s grandmother, Luisa Ventura, and defendant

were living in a mobile home park in Pomona with her daughter and defendant‟s mother,

Ruth, and her husband and other children. Another of Ventura‟s daughters, Janet, also

lived in the mobile home park. Ventura and Janet commuted to work together.

In October 2007, Jorge Hernandez, Ventura‟s son-in-law, received a telephone

message from defendant in which he threatened to kill Jorge‟s daughter and Ventura if

Jorge did not pay defendant $5,000. Defendant claimed the message was a joke.

About a week before Ventura disappeared, Janet and Ventura were at Ruth‟s

residence when defendant told Janet that…