People v. Hernandez

Full title: THE PEOPLE, Plaintiff and Respondent, v. GREGORY HERNANDEZ, Defendant and…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE

Date published: Feb 28, 2020

A157733 (Cal. Ct. App. Feb. 28, 2020)

Opinion

A157733

02-28-2020

THE PEOPLE, Plaintiff and Respondent, v. GREGORY HERNANDEZ, Defendant and Appellant.

Jones, P. J.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Sonoma County Super. Ct. No. SCR-710251-1)

Gregory Hernandez appeals from a judgment following a jury trial. His appointed counsel filed a brief seeking review pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have reviewed the record and have found no reasonably arguable appellate issues. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The prosecution charged Hernandez with leaving the scene of an accident that resulted in death (Veh. Code, § 20001, subd. (a))¹ and driving with a suspended license (§ 14601.1, subd. (a)). The information alleged Hernandez had four prior convictions for driving with a suspended license. Hernandez pled guilty to driving with a suspended license and admitted the four prior convictions. At trial, the parties offered the following evidence:

1 Undesignated statutory references are to the Vehicle Code. --------

Late on a November 2017 evening, there was a three-car collision along Highway 101 in Santa Rosa. Three cars were involved: a Honda, a Lincoln, and a Mercedes. Hernandez was driving the Honda with a suspended license. Hernandez's car hit the Mercedes and the driver was seriously injured. Hernandez got out of his car and saw a woman on the ground, screaming in pain. Hernandez left the scene of the accident because he was "freaked out." The driver died from her injuries.

A California Highway Patrol officer received a call from dispatch about the accident, and that a man with long hair had fled the scene on Cleveland Avenue. The officer saw a man matching the description—Hernandez—walking on Cleveland Avenue about a quarter mile from the crash site. The officer asked Hernandez whether he had been in a car accident; Hernandez said yes, and acknowledged he was driving with a suspended license. The officer handcuffed Hernandez and returned to the crash site.

The jury convicted Hernandez of leaving the scene of an accident that resulted in death (§ 20001, subd. (a)). The court sentenced Hernandez to the three-year middle term on that conviction, and to a concurrent six-month term on driving with a suspended license. The court imposed a restitution fine (Pen. Code, § 1202.4), a court security fee (Pen. Code, § 1465.8), and a criminal conviction fee (Gov. Code, § 70373); it also imposed but suspended a parole revocation restitution fine (Pen. Code, § 1202.45). The court found Hernandez had the ability to pay those fines and fees. The court awarded Hernandez conduct and custody credits.

DISCUSSION

Appointed counsel filed a brief pursuant to Wende, supra, 25 Cal.3d 436 and informed Hernandez of his right to file a supplemental brief. Hernandez has not filed a supplemental brief. We have reviewed the record and find no arguable issues. (People v. Kelly (2006) 40 Cal.4th 106.)

DISPOSITION

The judgment is affirmed.

/s/_________

Jones, P. J. WE CONCUR: /s/_________
Simons, J. /s/_________
Needham, J.