People v. Hernandez CA5

Filed 5/29/24 P. v. Hernandez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F086983 Plaintiff and Respondent, (Super. Ct. No. CF04906535-0) v.

RICHARD DANIEL HERNANDEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Houry A. Sanderson, Judge. Laura Arnold, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Meehan, J. and Snauffer, J.

INTRODUCTION Appellant Richard Daniel Hernandez (appellant) was convicted of two counts of first degree murder with firearm enhancements, and sentenced to two consecutive terms of life in prison without the possibility of parole (LWOP) plus 50 years to life. In 2023, the trial court denied his motion for a youthful offender hearing. On appeal from denial of the motion, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, acknowledged the trial court’s order was correct, and asked this court to otherwise independently review the record. (People v. Delgadillo (2022) 14 Cal.5th 216; People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm. PROCEDURAL HISTORY In 2006, appellant was convicted after a jury trial of counts 1 and 2, first degree murders of America Gonzalez and Baby Boy Gonzalez (Pen. Code,1 § 187, subd. (a)), with the multiple murder special circumstance (§ 190.2, subd. (a)(3)), and that he personally and intentionally discharged a firearm that proximately caused the victims’ deaths (§ 12022.53, subd. (d)). Appellant was sentenced to LWOP for both counts 1 and 2, plus 50 years to life for the firearm enhancements. On appeal, this court ordered the parole revocation fine stricken and affirmed the judgment as modified. (People v. Hernandez (Oct. 23, 2008, F050502) [nonpub. opn.].) On August 14, 2023, appellant filed, in propria persona, a motion for the trial court to conduct a youthful offender hearing pursuant to section 3051,2 People v. Franklin (2016) 63 Cal.4th 261, and In re Cook (2019) 7 Cal.5th 439, and alleged he was 21 years old at the time of his conviction. Appellant’s motion acknowledged that inmates