People v. Hernandez CA4/2

Filed 3/4/24 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E081620

v. (Super.Ct.No. RIF129770)

CESAR NOEL HERNANDEZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge.

Affirmed.

Cesar N. Hernandez, in pro. per.; and Jean Matulis, under appointment by the

Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

1

Cesar Noel Hernandez appeals from the denial of his petition to vacate his murder

conviction under section 1172.6 of the Penal Code. (Unlabeled statutory citations refer to

this code.) We affirm.

BACKGROUND

In 2007, a jury convicted Hernandez of one count of first degree murder (§ 187,

subd. (a)) and found that he personally and intentionally discharged a firearm and

proximately caused great bodily injury or death to another person who was not an