People v. Hernandez CA4/1

Filed 7/22/25 P. v. Hernandez CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083444

Plaintiff and Respondent,

v. (Super. Ct. No. SCN255040)

ALVARO HERNANDEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Runston G. Maino, Judge. Conditionally affirmed and remanded with directions.

Aurora Elizabeth Bewicke, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Senior Assistant Attorney General, Daniel Rogers, Supervising Deputy Attorney General, and James M. Toohey

and Elizabeth M. Kuchar, Deputy Attorneys General for Plaintiff and Respondent. Alvaro Hernandez is currently incarcerated after pleading guilty to two counts of attempted murder. He appeals from an order denying his petition

for resentencing under Penal Code section 1172.61 at the prima facie stage. He contends he was entitled to an evidentiary hearing as a matter of law. During the pendency of this appeal, the California Supreme court decided People v. Patton (2025) 17 Cal.5th 549 (Patton), and under it we conditionally affirm the order denying Hernandez’s resentencing petition and remand the matter to the superior court with directions to consider any “additional facts” if Hernandez seeks to supplement his petition within 30 days of our remand. FACTUAL AND PROCEDURAL BACKGROUND The following facts are summarized from the preliminary hearing transcript, which served as the stipulated factual basis for Hernandez’s plea agreement. In March 2008, Hernandez, a criminal street gang member, shot S.T. and R.G., both of whom associated with a rival gang. The entire incident was captured on surveillance video, which showed that a single individual committed the shooting. R.G. sustained a wound to his back, and S.T. was shot multiple times. A detective testified he subsequently interviewed Hernandez, who stated he was at a park with M.V. when he learned an altercation had occurred with members of the rival gang. M.V. drove him to the altercation site. Hernandez said that once there, “I did what I did,” clarifying, “I went up to some dudes and fucking shot ‘em.” Hernandez said M.V. did not know