P. v. Hernandez
A jury found appellant Richard Ray Hernandez guilty of one count of second degree murder (Pen. Code,[1] 187) and five counts of assault with a firearm ( 245, subd. (a)(2)), with findings he personally used and discharged a firearm causing great bodily injury or death ( 12022.5, subd. (a), 12022.53, subd. (d)). The court sentenced appellant to 15 years to life for the murder in count one, plus 25 years to life for the section 12022.53, subdivision (d) enhancement. On the remaining counts, appellant received a total consecutive term of 29 years four months. At trial, appellant did not dispute he shot and killed the victim of count one but claimed he acted in self-defense. Appellant now argues the court erroneously excluded evidence relevant to self-defense. Appellant also asserts the section 12022.53, subdivision (d) enhancement to count one violates the multiple punishment bar of section 654 and principles of double jeopardy. We affirm.
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