People v. Hernandez CA5

Filed 4/8/16 P. v. Hernandez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F070116 Plaintiff and Respondent, (Super. Ct. No. 11CM1823) v.

CAMERON GLEN HERNANDEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge. J. Edward Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Smith, J.

INTRODUCTION Appellant Cameron Glen Hernandez pled no contest to one count of robbery, the gang offense, and a gang enhancement. In exchange for his plea, nine other charges and multiple enhancements were dismissed. He was sentenced to jail time and probation, with various terms of probation. Hernandez subsequently was arraigned on a violation of probation and new criminal charges. Hernandez was found to be in violation of probation and he was sentenced on the original charges to a total of 15 years 8 months in prison. Hernandez appealed. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm. FACTUAL AND PROCEDURAL SUMMARY On December 12, 2011, Hernandez was charged with multiple offenses: count 1, robbery; count 2, assault with a deadly weapon; counts 3 and 4, false imprisonment; count 5, criminal threats; count 6, brandishing a weapon; count 7, vandalism; counts 8 and 10, the offense of participating in a criminal street gang as set forth in Penal Code1 section 186.22, subdivision (a); count 9, assault with force likely to cause great bodily injury; and count 11, resisting arrest. It was alleged as to counts 1 through 8 that Hernandez was a minor when the offenses were committed, but would be punishable as an adult pursuant to Welfare and Institutions Code section 707, subdivision (d)(2)(A). It also was alleged that Hernandez used a deadly and dangerous weapon in the commission of counts 1 through 8. Further, as to counts 1 through 5 and count 9, it was alleged that the offenses were gang related and sentencing would be pursuant to section 186.22, subdivision (b)(1) through (4), making the offenses felonies pursuant to section 1192.7, subdivision (c). Hernandez pled not guilty to all charges and denied all enhancements on December 13, 2011. On March 8, 2012, he withdrew his plea of not guilty and entered a