P. v. Hernandez
Abraham Albert Hernandez appeals from a judgment after a trial court convicted him of special circumstance first degree murder, second degree murder, and street terrorism. The court found true allegations Hernandez committed multiple murders and he personally used a firearm. On appeal, Hernandez maintains: (1) the evidence was insufficient to support his second degree murder conviction because the evidence failed to establish his identity as the perpetrator and failed to prove he specifically intended the murder to benefit a gang; (2) imposition of the consecutive terms of 25 years to life pursuant to Penal Code section 12022.53, subdivision (d), should not apply to him; (3) the abstract of judgment should be corrected to reflect the applicable sentence for the first degree murder conviction; and (4) he is entitled to five days of additional custody credits. Court affirm the judgment in all other respects.
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