People v. Hernandez CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

While under the influence of methamphetamine, Hernandez got into a violent

altercation with two of his brothers, with whom he shared a residence. Hernandez first

punched and shoved his brother Elias2 shortly after Elias returned home from work in the

afternoon. Elias retreated to his car, locked the door and called 911 while Hernandez was

violently punching the car. Hernandez's brother Steven then intervened by trying to pull

All further statutory references are to the Penal Code unless otherwise specified.

Because the brothers share the same last name, for the sake of clarity we will refer to Hernandez's brothers by their first names, and we intend no disrespect by doing so.

2 Hernandez away from the car. Hernandez started punching Steven, who was walking

with a crutch because of a broken ankle. Hernandez grabbed Steven's crutch, hitting

Steven with the crutch four times while Steven was on the ground, and then continued to

punch Steven. Neighbors intervened by pulling Hernandez off Steven and tackling

Hernandez.

Sheriff deputies arrived in response to the 911 call. Hernandez was agitated and

yelling…