People v. Hernandez CA2/3

Filed 7/20/15 P. v. Hernandez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B260554

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA134152) v.

JONATHAN HERNANDEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lori A. Fournier, Judge. Dismissed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant and appellant, Jonathan Hernandez, appeals from the judgment entered following his plea of no contest to second degree robbery (Pen. Code, § 211).1 The trial court sentenced Hernandez to three years in state prison. We dismiss Hernandez’s appeal as inoperative because he failed to obtain a certificate of probable cause. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts.2 On March 3, 2014, Hernandez’s codefendant, Oscar Hernandez, went into an AM/PM Mini Mart and walked out with an 18-pack of beer without paying. The store clerk, Sochchan Singh, ran after Oscar Hernandez and got into a fight with him on the street. Defendant Jonathan Hernandez stepped out of a car, pointed a handgun at Singh, and said, “What’s up?” Afraid that he was going to be shot, Singh ran back into the store. Los Angeles County Deputy Sheriff Juan Medrano arrived at the scene and drove Singh around the neighborhood until Singh spotted the perpetrators’ car parked in the driveway of a house. Both Oscar Hernandez and Jonathan Hernandez were inside the house, along with some other people and the stolen beer. Singh identified Oscar Hernandez as the person who grabbed the beer and Jonathan Hernandez as the person who pointed a gun at him. The police did not find any guns either inside the house or in the possession of either defendant. Singh originally described the gun to Medrano as “a black semiautomatic.” But when Singh spoke to Medrano on the day of the preliminary hearing, he described the gun as “a round cylinder revolver.”