People v. Hernandez CA2/1

Filed 2/3/21 P. v. Hernandez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B307123

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA043401) v.

BENJAMIN HERNANDEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lee W. Tsao, Judge. Affirmed. Benjamin Hernandez, in pro. per.; and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________________

Benjamin Hernandez appeals from an order denying his motion to modify his sentence, imposed in 1998. We affirm, as Hernandez’s supplemental appellate brief does not present any valid ground for modifying his sentence. BACKGROUND In 1998, a jury found Hernandez guilty of carjacking (Pen. Code, § 215, subd. (a)),1 second degree robbery (§ 211), and three counts of assault with a firearm (§ 245, subd. (a)(2)). The jury also found true the special allegations that Hernandez had sustained a prior robbery, a serious felony/strike conviction (§§ 667, subds. (a)-(i) & 1170.12, subds. (a)-(d)) on June 24, 1993; had served two prior prison terms within the meaning of section 667.5, subdivision (b) for the June 24, 1993 robbery conviction and an October 11, 1995 conviction for assault with a firearm; and had personally used a handgun in the commission of the offenses (§ 12202.5, subd. (a)). The trial court sentenced Hernandez to 36 years in prison: for the carjacking, the upper term of nine years, doubled to 18 years for the prior strike; for the robbery, one year (one-third the middle term), plus one year for the firearm enhancement; for each of the three assaults with a firearm, one year (one-third the middle term), doubled to two years, plus 16 months for the firearm enhancement; and, as to one of the three assaults with a firearm, a consecutive term of five years for the prior serious felony enhancement, plus one year for the prior prison term enhancement. Hernandez appealed from the judgment of his convictions, and this court affirmed the judgment.