People v. Hernandez CA4/2

INTRODUCTION

On December 9, 2013, a first amended felony complaint charged defendant and

appellant Christopher Paul Hernandez with carjacking under Penal Code1 section 215,

subdivision (a) (count 1), with personal use of a knife under section 12022, subdivision

(b)(2); kidnapping under section 207, subdivision (a) (count 2); criminal threats under

section 422 (count 3); attempt to dissuade a victim from reporting a crime under section

136.1, subdivision (b) (count 4); robbery under section 211 (count 5); false imprisonment

under section 236 (count 6); vehicle theft with prior felony theft convictions under

section 666.5 and Vehicle Code section 10851 (counts 7 and 8); receiving stolen

property, a vehicle under section 496d, subdivision (a) (count 9); and resisting arrest, a

misdemeanor under section 148, subdivision (a) (count 10). Moreover, the complaint

alleged that defendant personally used a knife within the meaning of section 12022,

subdivision (b)(1), in counts 2, 4, 5, and 6; and had served two prior prison terms under

section 667.5, subdivision (b).

On December 9, 2013, pursuant to a plea agreement, defendant pled guilty to

count 1 (carjacking), count 8…