P. v. Hernandez
In October 2000, a jury convicted defendant David Hernandez of eight felonies and found true numerous sentence enhancements in connection with two gang-related shootings in October 1999. On count 4—attempted premeditated murder of Samuel Vasquez—(Pen. Code, §§ 187, subd. (a), 664)[1] defendant was sentenced to state prison for life with a minimum term of 15 years (§ 186.22, former subd. (b)(4) [now subd. (b)(5)]), plus 25 years to life for personal discharge of a firearm causing great bodily injury (§ 12022.53, subd. (d)). On the remaining counts, the trial court imposed terms totaling 24 years eight months, all to run concurrent with the life term on count 4. Sentences on counts 3 (shooting at an occupied motor vehicle (§ 246)) and 5 (shooting from a motor vehicle (former § 12034, subd. (c) [now § 26100, subd. (c)]) were stayed pursuant to section 654. Defendant was awarded a total of 521 days of presentence credit (453 days of actual custody credit and 68 days of conduct credit) pursuant to section 2933.1.[2]
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