P. v. Hernandez
A jury convicted Richard Daniel Hernandez of two counts of first degree murder (Pen. Code, 187, subd. (a)) in the shooting death of America Gonzalez and her unborn child. Hernandez was sentenced to two terms of life without the possibility of parole, plus 50 years for the personal use of a firearm enhancement. ( 12022.53, subd. (d).) Hernandez contends that his conviction must be reversed because (1) the trial court improperly instructed the jury with accomplice instructions; (2) the investigating officer improperly opined as to the veracity of the primary prosecution witness; and (3) the trial court erred in admitting evidence that Hernandez had a propensity to commit acts of domestic violence pursuant to Evidence Code section 1109. Hernandez also argues, and the People concede, that the trial court erroneously imposed a parole revocation fine pursuant to section 1202.45 because he never will be eligible for parole. Court agree with the last argument, but otherwise will affirm the judgment in its entirety.
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