People v. Hernandez CA1/2

Filed 5/10/22 P. v. Hernandez CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A164253

v. ERNIE HERNANDEZ, (Tulare County Super. Ct. No. PCF379033) Defendant and Appellant.

Defendant Ernie Hernandez appeals from his conviction of evading an officer with willful or wanton disregard for the safety of persons or property, raising a claim of instructional error. We agree with Hernandez that the instruction given to the jury misstated one of the ways “willful or wanton disregard” may be proved, but we find the error harmless.1 After the parties completed their appellate briefing, Penal Code section 1170 was amended by Senate Bill No. 567 (2021-2022 Reg. Sess.) (S.B. No. 567), and we requested supplemental…