P. v. Hernandez
A jury convicted appellant Narciso Hernandez of second degree murder and possessing a sawed-off shotgun. He contends (1) the evidence was insufficient to sustain the second degree murder conviction; (2) the trial court erred in instructing the jury; (3) counsel rendered ineffective assistance; (4) the sentence imposed was cruel and unusual; (5) imposition of consecutive sentences was error; and (6) the trial court erred in the award of presentence credits. We reversed the second degree murder conviction and the accompanying enhancement on the basis of instructional error in our earlier opinion. After granting review, our Supreme Court remanded the matter to us to consider the issue of the sufficiency of the evidence to sustain the second degree murder conviction. Court again reverse the second degree murder conviction and the accompanying enhancement on the basis of instructional error. Court also conclude there was insufficient evidence to sustain the second degree murder conviction.
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