People v. Hernandez CA4/2

BACKGROUND

In 1999 a jury convicted Hernandez of first degree murder (§ 187, subd. (a)).

Hernandez subsequently admitted two prior prison terms. The court sentenced

Hernandez to 25 years to life for the murder conviction, plus 10 years for a firearm

enhancement (§§ 12022.5, subd. (a), 1192.7, subd. (c)(8)). It also imposed one-year

sentences under section 667.5, subdivision (b), for each of the prior prison terms, but

ordered the “[t]ime imposed” stayed for each.

In 2011, following Hernandez’s appeal, the trial court struck one of the prior

prison term enhancements, stating both that it “orders Prior(s) 1 Stricken,” and that the

“[s]entence previously imposed is vacated as to Prior 1.”

In 2023 the California Department of Corrections and Rehabilitation (CDCR)

identified Hernandez, among others, as an inmate serving a sentence that contained a

prior prison term enhancement, and referred him to the trial court for possible

resentencing under section 1172.75. Upon the agreement of the parties, the court

incorporated by reference the reporter’s transcript of another case dealing with an

identical issue. In that case the court concluded defendants serving sentences…