P. v. Hernanadez
Richard Hernandez appeals from the judgment entered following his conviction by jury of attempted willful, deliberate and premeditated murder (Pen. Code, 187, 664)[1]with a finding he personally used and discharged a firearm in committing the offense ( 12022.53, subds. (b), (c) & (e)(1)). The jury was unable to agree on the criminal street gang enhancement allegation ( 186.22, subd. (b)(1)(C)), and it was dismissed. Hernandez was sentenced to an indeterminate life term and a determinate 20-year term for the firearm-use enhancement and ordered to register as a gang member under section 186.30. On appeal, Hernandez contends he was improperly made subject to the gang registration requirement in the absence of a factual finding his attempted murder offense was gang related; the evidence was insufficient to support such a finding; and his defense counsel rendered constitutionally ineffective assistance by failing to object to the imposition of the gang registration requirement. Court affirm.
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