People v. Hernandez CA4/2

INTRODUCTION

Defendant, Michael Hernandez, was convicted by a jury in 1998 of first-degree

murder (Pen. Code, § 187, subd. (a))1,attempted premeditated murder (§§ 664, 187, subd.

(a)), and two counts of first-degree robbery in concert (§§ 211, 213) during which a

principal was armed (§ 12022, subd. (a)(1)) and defendant personally used a weapon

(§ 12022.5, subd. (a)). Defendant was sentenced to a total determinate term of 16 years,

plus indeterminate terms of 25 years to life with the possibility of parole for murder and

life with the possibility of parole for attempted murder. Following the enactment of

Senate Bill No. 1437, defendant filed a petition for resentencing, which was summarily

denied, and he appealed, contending the trial court erred in denying his section 1170.

petition because he had made a prima facie showing of his eligibility for relief.

We affirmed the trial court’s judgment, and defendant petitioned the California

Supreme Court for review. Following the Supreme Court’s opinion in People v. Lewis

(2021) 11 Cal.5th 952 (Lewis), the matter was remanded to us with directions to vacate

our opinion and reconsider the matter in light of Lewis and in…