Hernandez
People v. Hernandez
Opinion
Opinion
Certified for Partial Publication. [*]
Jose Pablo Hernandez and Jonathan Fuentes appeal the judgments entered after conviction by jury of robbery committed for the benefit of a criminal street gang in which Hernandez personally used a dangerous or deadly weapon. (Pen. Code, §§ 211, 186.22, subd. (b)(1), 12022, subd. (b)(1).) [1] The trial court sentenced Hernandez and Fuentes each to a term of 13 years in state prison. We affirm.
In the published portion of the opinion, we conclude the trial court should have bifurcated the trial of the criminal street gang enhancement from the trial of the underlying offenses. However, appellants cannot demonstrate prejudice and reversal is not required. The unpublished portion of the opinion rejects various claims of instructional error.
On August 15, 2000, at approximately 8:00 p.m., Blanca Rodriguez was sitting with Armen Stepanyan in a Honda parked in front of Rodriguez's residence on Doty Avenue in Hawthorne. Hernandez and Fuentes approached the passenger side of the Honda and asked Rodriguez for a cigarette. Rodriguez handed Hernandez a cigarette through the window of the Honda, but Hernandez said, "I need another cigarette.…