P. v. Hernandez
Defendant Osvaldo Hernandez appeals from the judgment entered following a jury trial in which he was convicted of first degree murder, attempted murder, and possession of a firearm by a felon, with gang and personal gun-use findings. Defendant contends the trial court erred by denying his motion for a pretrial lineup, excluding defense evidence, denying his motion for a new trial, instructing on heat of passion using CALCRIM Nos. 570 and 570A, and not staying the sentence on the felon in possession conviction. We agree that the sentence on the felon in possession count should have been stayed under Penal Code section 654 (undesignated statutory references are to the Penal Code), but otherwise affirm.
Comments on P. v. Hernandez