Hernandez

People v. Hernandez

Bad Law
246 Cal. Rptr. 3d 87·34 Cal. App. 5th 323
Court of Appeal of CaliforniaApril 15, 20192d Crim. No. B287551California1,040 words

Opinion

Lead Opinion

Tangeman, J.

*325 Salvador Hernandez appeals from the trial court's order denying his motion to strike personal firearm enhancements ( Pen. Code, 1 § 12022.5, subds. (a) & (d) ) that were imposed pursuant to a judgment that became final before the motion was filed. We conclude the challenged order is not appealable and accordingly dismiss the appeal.

FACTS AND PROCEDURAL HISTORY

In October 2016, Hernandez pled guilty to two counts of assault with a semiautomatic firearm (§ 245, subd. (b)). He also admitted that he personally inflicted great bodily injury in committing one of the assaults (§ 12022.7), and personally used a firearm in committing both offenses ( § 12022.5, subds. (a) & (d) ). The trial court sentenced him to nine years in state prison. The sentence includes one consecutive and one concurrent three-year term for the personal firearm use enhancements.

Hernandez appealed his sentence and we affirmed. ( People v. Hernandez (Aug. 14, 2017, B280231) 2017 WL 3472769 [nonpub. opn.].) He did not seek further review and the remittitur was issued on November 16, 2017.

On December 15, 2017, Hernandez filed a motion in the trial court seeking to strike the firearm enhancements on the…

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