People v. Hernandez CA4/1

STATEMENT OF FACTS

This case arises from a plea agreement with a stipulated factual basis.

On August 4, 2012, Hernandez was observed receiving contraband from a visitor

and placing the substance in his mouth. Authorities later recovered heroin from

Hernandez and both heroin and marijuana from the visitor.

DISCUSSION

Hernandez contends the trial court abused its discretion when it denied his motion

to strike the prior conviction. Essentially, he argues the court placed too much weight on

the violent nature of his strike prior and did not give adequate weight to the mitigating

factors. We disagree.

All further statutory references are to the Penal Code unless otherwise specified. 2 A. Background

In 2008, Hernandez was convicted of armed robbery (§ 211). During the robbery

Hernandez threatened the victim with a gun. He took money from the store, and from the

victim as well. Hernandez was 18 years old at the time of the offense. According to the

probation report, Hernandez was sentenced to a nine-year term.

While still in prison for the robbery, Hernandez committed the current offense in

this case.

In his motion to strike the prior, Hernandez emphasized his…