In re Hernandez
Filed 2/24/06 In re Hernandez CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| In re | F049400 |
| AUGUSTIN HERNANDEZ, On Habeas Corpus. | (Super. Ct. No. 133460) OPINION |
THE COURT*
ORIGINAL PROCEEDINGS; petition for writ of habeas corpus.
Augustine Hernandez, in pro. per., for Petitioner.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Charles A. French and Jeffrey D. Firestone, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
STATEMENT OF THE CASE AND FACTS
On September 21, 1998, petitioner was convicted of one count of attempted murder (count I) and one count of first degree burglary (count III). As to both counts, the jury found true petitioner personally used a firearm (Pen. Code, § 12022.5)[1] and personally inflicted great bodily injury (§ 12022.7). Petitioner was sentenced to life plus four years for the firearm enhancement and three years for the great bodily injury enhancement on count I. He was sentenced to six years, plus four years for the firearm enhancement and three years for the great bodily injury enhancement on count III, stayed pursuant to section 654.
Petitioner challenges his sentence claiming that the term should have been seven years to life because the great bodily injury enhancement arose out of a single act during the â€
