People v. Hernandez CA2/6

Filed 2/25/25 P. v. Hernandez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B333418 (Super. Ct. No. 1226495) Plaintiff and Respondent, (Santa Barbara County)

v.

IVAN MORENO HERNANDEZ,

Defendant and Appellant.

Ivan Moreno Hernandez appeals the trial court’s resentencing judgment following a recall hearing to correct an unauthorized sentence. (Pen. Code, § 1172.1.)1 We reject Hernandez’s claim of the ineffective assistance of counsel at the resentencing hearing, and affirm. FACTS AND PROCEDURAL HISTORY On February 17, 2007, Carlos Gomez was working as a security guard at a dance for teenagers at a church in Santa

1All statutory references are to the Penal Code unless

stated otherwise.

Maria. Gomez noticed Hernandez and other young men standing near the church entrance. When Gomez asked the men to move away, Hernandez responded, “viva la raza.” He wore a football jersey with the number “13” on the front and “Southside” on the back. Gomez soon heard a noise that sounded like firecrackers. Hernandez ran toward the front of the church and shot at people standing in line for the dance. He shouted a gang slogan and walked away. Hernandez entered a vehicle that left the church parking lot. Gomez copied the license plate number of the vehicle. Hernandez wounded two people in the shooting. One sustained a gunshot wound to his left arm, the other a gunshot wound through his left arm and into his chest. Several hours later, a Santa Maria police officer attempted to effect a traffic stop on Hernandez. Hernandez drove away, then stopped his vehicle, and fled on foot. The officer found Hernandez lying beneath a parked vehicle. A jury convicted Hernandez of two counts of attempted premeditated murder and one count of felony evasion. (§§ 664, 187, subd. (a); Veh. Code, § 2800.2, subd. (a).) The jury also found that Hernandez personally used and discharged a firearm causing great bodily injury and that the offenses were committed to benefit a criminal street gang. (§§ 12022.53, subds. (b)-(d), 186.22, subd. (b).) On June 9, 2008, the trial court sentenced Hernandez to two consecutive indeterminate terms of 40 years to life for the attempted murder convictions and a determinate sentence of one- third the two-year midterm for the felony evasion conviction, the