People v. Hernandez CA2/2

Filed 3/6/26 P. v. Hernandez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO THE PEOPLE, B344622

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. KA110022)

GEORGE HERNANDEZ,

Defendant and Appellant.

THE COURT: George Hernandez appeals the judgment entered following his resentencing hearing under Penal Code1 section 1172.75. His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 identifying no issues, and appellant then filed a supplemental letter brief. The judgment is affirmed.

1 Undesignated references are to the Penal Code.

BACKGROUND2 In June of 2015, appellant went into a trailer and stabbed a man 41 times in the head, chest, arms, and legs, killing him. A jury convicted him of second degree murder (§ 187, subd. (a)) and found true a weapon enhancement (§ 12022, subd. (b)(1)). Appellant admitted to having two prior strikes (§§ 667, subds. (b)–(j) & 1170.12, subds. (a)–(d)), one of which was a prior “serious” felony (§ 667, subd. (a)), and four other prior prison terms (§ 667.5, subd. (b)(1)). The trial court sentenced him to 55 years to life, consisting of 45 years to life (15 years tripled under sections 1170.12, subdivisions (a) through (d), and 667, subdivisions (b) through (i)); one year for the weapon enhancement; one year for each of the four prior prison terms; and five years for the serious prior felony. His conviction was affirmed on direct appeal. (People v. Hernandez, supra, B283270.) In 2022, the California Department of Corrections and Rehabilitation identified appellant as eligible for relief under section 1172.75, and the trial court appointed counsel for appellant in 2023. Appellant requested a full resentencing, asking the court to strike the four now invalid prior prison terms, and also to strike one of his prior strikes and dismiss all other enhancements.3 Appellant urged that his age (55 years old), the