People v. Hernandez CA4/1

Filed 9/20/23 P. v. Hernandez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082087

Plaintiff and Respondent,

v. (Super. Ct. No. RIF129735)

STEVEN G. HERNANDEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, Gail A. O’Rane, Judge. Affirmed. Steven G. Hernandez, in pro. per.; and John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2007, a jury convicted Steven G. Hernandez of three counts of

assault with a firearm (Pen. Code,1 § 245, subd. (a)(2)), two counts of felon in possession of a firearm (§ 12021, subd. (a)(1)), shooting into an inhabited dwelling (§ 246) and first degree burglary (§ 459). The court made a true

1 All further statutory references are to the Penal Code.

finding that Hernandez had suffered two strike prior convictions (§ 667, subds. (b)-(i)) and that Hernandez also had a serious felony prior conviction (§ 667, subd. (a)(1)). The court sentenced Hernandez to an indeterminate term of 25 years to life in prison on each count. The court imposed various fines and assessment including a $5,000 restitution fine. In 2023, Hernandez filed a nonstatutory “motion” to stay all fines and fees in excess of $200. The trial court denied the “motion” by written order, finding there were no fines or fees due, thus there was nothing to stay. Hernandez filed a notice of appeal. Although appellate counsel doubts the purported appeal is from an appealable order, counsel has filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) indicating counsel has not been able to identify any potentially meritorious issues for reversal on appeal. Counsel asks the court to exercise its discretion to independently review the record for error under the procedure used in cases controlled by People v. Wende (1979) 25 Cal.3d 436 (Wende). We notified Hernandez he could file his own brief on appeal. He has responded with a lengthy document, which we have reviewed. As we will discuss below, his submission does not raise any