People v. Fernandez CA2/3

BACKGROUND

In June 2012, when Fernandez was 17 years old, he committed murder. In 2013, a jury convicted Fernandez of first degree murder (Pen. Code,1 § 187, subd. (a)), and the jury found true personal gun use and gang allegations (§§ 12022.53, subd. (d), 186.22, subd. (b)(1)(C)). A court sentenced Fernandez to 50 years to life. In 2015, a different panel of this division reversed the judgment and remanded the case for reconsideration of Fernandez’s sentence under the Eighth Amendment. (People v. Fernandez (Mar. 18, 2015, B254191) [nonpub. opn.].)2 The People

1 All further undesignated statutory references are to the Penal Code.

2 We grant Fernandez’s request for judicial notice of People v. Fernandez, supra, B254191. (Evid. Code, § 452, subd. (a).) We also grant the Attorney General’s request for judicial notice of the

2 and Fernandez petitioned for review in the Supreme Court, the Supreme Court granted Fernandez’s petition, and it thereafter transferred the case to this division in 2016 with the direction to vacate the decision and reconsider it in light of People v. Franklin (2016) 63 Cal.4th 261.3 On October 25, 2016, this division filed a new opinion affirming…