People v. Hernandez CA4/2

I.

FACTS1

At approximately 1:40 a.m., on December 23, 2011, Jonathan Romero left his

friend’s home in Indio and started to walk home. As he walked, Romero heard someone

whistle and yell, “Hey.” Romero turned around and saw between six and eight people

behind him. He ignored the group and continued to walk home. Two men then

approached Romero. One of the men asked Romero for his cell phone and, when

Romero refused, the man punched him in the face and grabbed his cell phone. The

second man, who Romero recognized as defendant, pointed a revolver at Romero’s head

and said, “Give me everything you got.” Defendant also hit Romero in the chin with the

revolver, leaving a cut on Romero’s cheek. Romero declined to be taken to the hospital

by paramedics.

When defendant was arrested five days later, an investigator searched defendant’s

pants pockets and found a knotted-up sock containing 38 .22-caliber bullets. During a

search of defendant’s home, officers found a .22-caliber handgun in his bedroom closet.

An investigator opined that, on the date of the robbery and assault on Romero,

defendant and his accomplice were active members of the Jackson Terrace street gang,

and…