People v. Hernandez CA5

INTRODUCTION

Appellant Richard Daniel Hernandez (appellant) was convicted of two counts of first degree murder with firearm enhancements, and sentenced to two consecutive terms of life in prison without the possibility of parole (LWOP) plus 50 years to life. In 2023, the trial court denied his motion for a youthful offender hearing. On appeal from denial of the motion, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, acknowledged the trial court’s order was correct, and asked this court to otherwise independently review the record. (People v. Delgadillo (2022) 14 Cal.5th 216; People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm.

PROCEDURAL HISTORY

In 2006, appellant was convicted after a jury trial of counts 1 and 2, first degree murders of America Gonzalez and Baby Boy Gonzalez (Pen. Code,1 § 187, subd. (a)), with the multiple murder special circumstance (§ 190.2, subd. (a)(3)), and that he personally and intentionally discharged a firearm that proximately caused the victims’ deaths (§ 12022.53, subd. (d)). Appellant was sentenced to LWOP for both counts 1 and 2,…