People v. Hernandez CA5

INTRODUCTION

On the night of August 1, 2014, defendant, William White, Victor Hernandez, and Orlando Yepez entered a house and robbed Juan A.1 and Gloria of drug money. On

1Pursuant to California Rules of Court, rule 8.90, we refer to some persons by their first names or initials. February 7, 2019, a jury convicted defendant of two counts of first degree robbery (Pen. Code, § 211, count 1 (Juan); count 3 (Gloria))2 and as to both counts found true the allegation the robbery was committed in concert with two or more other perpetrators inside an inhabited dwelling; and first degree burglary (§ 459, subd. (a), count 4) with the allegation a person other than of the perpetrators was present in the dwelling house at the time the burglary was committed. Defendant waived jury trial as to the bifurcated enhancements and as to each count admitted two strike priors (§§ 667, subds. (b)−(i), 1170.12, subds. (a)−(d)), two five-year enhancements (§ 667, subd. (a)(1)), and two prison priors (§ 667.5, subd. (b)). As to counts 1 and 3, the trial court sentenced defendant to consecutive upper terms of nine years, tripled to a total of 27 years to life pursuant to section 667, subdivision…