People v. Hernandez CA2/8

Filed 9/23/25 P. v. Hernandez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B338797

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA442339) v.

SAMANTHA HERNANDEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Lisa B. Lench, Judge. Reversed and remanded with directions. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Kenneth C. Byrne and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Samantha Hernandez appeals from the trial court’s order denying, at the prima facie stage, her petition for resentencing under Penal Code section 1172.6 (former section 1170.95).1 We reverse and remand with directions to issue an order to show cause and hold further proceedings in accordance with section 1172.6, subdivision (d). FACTUAL AND PROCEDURAL SUMMARY On September 10, 2015, victim Jacob Guillen, a Florencia 13 gang member, was found dead in Lafayette Park—an area claimed as territory by the Mara Salvatrucha (MS-13) gang, a rival of Florencia 13. Guillen sustained 18 stab wounds to his neck and upper left arm. Defendant was subsequently charged, along with two codefendants, with the murder of Guillen (§ 187, subd. (a).) Defendant was alleged to have personally used a knife in committing the murder (§ 12022, subd. (b)(1)) and the murder was alleged to have been committed for the benefit of a gang within the meaning of section 186.22, subdivision (b). In the same felony complaint that alleged 22 counts against 10 individuals, defendant was also charged with conspiracy to commit another murder (§ 182, subd. (a)(1)) on a different date and with the sale or transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a)), both of which were alleged to have been gang-related. Testimony at the preliminary hearing demonstrated the following facts. Detective Wes Lin of the Los Angeles Police Department (LAPD) obtained video footage for September 10, 2015, from a security camera located at the Lafayette Park Recreation Center. He testified the video showed two males and a female