People v. Hernandez CA5

INTRODUCTION

Appellant Frankie Rudy Hernandez was convicted by jury of second degree murder (Pen. Code, 1 §§ 667, 187, subd. (a)). In addition, the jury found true enhancements alleging Hernandez personally and intentionally discharged a handgun in the commission of the offense, proximately causing the death of another human being (§ 12022.53, subds. (b)-(d)), and that the offense was committed for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, and assist in criminal conduct of gang members (§ 186.22, subds. (b)(1)(A) & (b)(5)). Hernandez was sentenced to an indeterminate term of 40 years to life in state prison. Hernandez received 15 years to life on his conviction of second degree murder with a consecutive prison term of 25 years to life for the firearm enhancement. The court ordered this term to run consecutive to a four year prison sentence following Hernandez’s conviction in an unrelated case. In addition, the court imposed a $10,000 restitution fine (§ 1202.4, subd. (b)), a victim restitution award in the amount of $5,000 (§ 1202.4, subd. (f)), a $10,000 parole revocation restitution fine (§…