People v. Hernandez CA3

FACTS

Defendants’ crimes occurred on two days, December 16 and 18, 2009.1 Four perpetrators were prosecuted, including the three defendants here. The fourth, Jose Hernandez, was a minor at the time of the crimes, and he was tried separately.2 Not every defendant participated in every crime, but all participated in some.

All dates in this opinion refer to 2009. Jose Hernandez was convicted of attempted murder and other crimes and sentenced to a total term of 61 years to life. He has appealed the judgment. (C067260.) In this opinion we refer to Jose Hernandez by his full name and to Armondo Hernandez, who is one of the three defendants prosecuted together, as defendant Hernandez.

2 Defendants are members of the Proud Brown Trece subset of the Sureños criminal street gang, which is a rival of the Norteños criminal street gang. We do not relate here the specific facts supporting their designation as gang members, but we fully discuss those facts later in relation to their contentions concerning gang allegations and findings. Two juries heard the evidence in this proceeding – one jury as to defendant Flores and the other as to defendants Arias and Hernandez. Defendant…