People v. Hernandez CA5

INTRODUCTION

On an unfortunately eventful day for appellant David Epie Hernandez, he first shot and killed his girlfriend Sarah H. during an argument in her north Fresno apartment. He next walked to a restaurant in a nearby shopping center where he ordered food and drinks, refused to pay the bill, challenged the bartender to a fight, and then threatened to shoot him. He left the restaurant and went to a smoke shop in the same shopping center where he robbed the clerk at gunpoint of cash and assorted merchandise and demanded the keys to the clerk’s car. When the clerk told Hernandez he did not have a car, Hernandez took the loot and went to the pizza parlor next door. K.O. was parked in a spot in front of the pizza place, sitting in the driver’s seat talking on his phone with his engine still running. Hernandez tapped his gun on the driver–side window and told K.O. to get out and give him the car. But when Hernandez momentarily looked away, K.O. quickly backed out and drove away unharmed. Meanwhile, at the donut shop next to the pizza parlor, N.K. had just arrived and parked his car in front. He got out and started to walk to the shop when Hernandez approached him and demanded…