People v. Hernandez CA4/1

INTRODUCTION

After falsely imprisoning and beating his wife, Sheila Negrete-Rios (Negrete),

Javier Hernandez-Rios (Hernandez) decided to jump off an overpass onto the State Route

91 freeway (SR-91). California Highway Patrol (CHP) Officer Dane Norem grabbed

Hernandez's leg when Hernandez was halfway over the fence. Hernandez pulled out a

knife, and stabbed Officer Norem in the eye and other parts of his body. He also

attempted to stab two off-duty police officers and a third passerby who had stopped to

help Officer Norem: City of Riverside Police Department Officer Nathan Asbury, San

Bernardino County Sheriff's Department Sergeant John Walker, and Douglas Matz.

Before we delineate Hernandez's ineffective-assistance-of-counsel claims on appeal, we

first provide the procedural context of this case, which involved two jury trials.

First Trial

In February 2015, the Riverside County District Attorney's Office filed an

amended information charging Hernandez with 10 felony offenses: (1) attempted murder

(count l: Pen. Code, §§ 187, subd. (a), 664; victim: Officer Norem); (2) mayhem (count

2: Pen. Code, § 203; victim: Officer Norem); (3) assault with a…