People v. Hernandez CA2/6

Filed 1/16/24 P. v. Hernandez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B322834 (Super. Ct. No. 22F-00502) Plaintiff and Respondent, (San Luis Obispo County)

v.

JEREMIAH LEO HERNANDEZ,

Defendant and Appellant.

A jury found Jeremiah Leo Hernandez guilty of aggravated mayhem (Pen. Code,1 § 205, count 1) and assault with a deadly weapon (§ 245, subd. (a)(1); count 2). On count 1, the trial court sentenced Hernandez to life in prison with the possibility of parole. As to count 2, the jury found that he inflicted great bodily injury. In a bifurcated portion of the trial, the jury found true factors in aggravation. The court stayed the sentence on count 2 pursuant to section 654. We affirm.

1 All statutory references are to the Penal Code.

FACTS Adriana Zaragoza has known Hernandez for several years. She says she loves him, but has never been in a romantic relationship with him. The victim, John Doe,2 met Zaragoza and Hernandez when Doe visited the homeless encampment where they were staying. Doe knew Hernandez as “Smurf.” About two weeks after they met at the encampment, Zaragoza ran into Doe again. Doe told Zaragoza that he is a tattoo artist. Zaragoza said she wanted him to do a tattoo for her. They arranged to meet at Doe’s hotel room. When Zaragoza told Hernandez that Doe was going to do a tattoo for her, they argued. Hernandez did not want Zaragoza to have Doe do a tattoo. Zaragoza became upset that Hernandez was telling her what to do. Hernandez and Zaragoza usually communicated through Facebook Messenger. Hernandez sent Zaragoza a message, “Babe, I’m fucking him up.” He also sent another message stating, “I’m fucking heated.” Zaragoza went to Doe’s hotel room where Doe created a tattoo template for her. At some point after midnight, Doe and Zaragoza left the hotel room and began walking across the hotel parking lot. Hernandez came out from near a parked car wearing a ski mask and carrying a knife. In surveillance footage Zaragoza can be heard to scream and say “Jeremiah” and “stop.” Hernandez came at Doe from behind. Doe felt a blow to the side of his face. Doe saw Hernandez holding a large knife. Hernandez started swinging the knife at Doe. Doe was able to fight Hernandez off. During the struggle, Hernandez’s ski mask