People v. Hernandez CA4/2

Filed 5/4/21 P. v. Hernandez CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E075857

v. (Super.Ct.No. FWV1000664)

ESTEBAN HERNANDEZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Mary E. Fuller,

Judge. Affirmed.

Kevin Smith, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Esteban Hernandez took this appeal from the denial of his

motion to set aside a murder conviction pursuant to Penal Code section 1170.95 (section

1170.95). Defendant, however, pled guilty to voluntary manslaughter, not to murder.

Thus, the trial court correctly found him statutorily ineligible for section 1170.95 relief.

1

“[S]ection 1170.95 relief is not available to those offenders who pled guilty to voluntary

manslaughter.” (People v. Sanchez (2020) 48 Cal.App.5th 914, 920.)

There is nothing more of substance to this appeal, and defendant’s counsel filed an