P. v. Hernandez
The jury found defendant Jose Hernandez guilty of first degree murder of Roberto Alcazar (Pen. Code, § 187, subd. (a)).[1] The jury also found defendant personally and intentionally discharged a handgun causing death (§ 12022.53, subds. (b)‑(d)) and committed the murder for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). On March 3, 2011, defendant was sentenced to 50 years to life in state prison.[2]
In this timely appeal, defendant contends the trial court abused its discretion in (1) declining to bifurcate the gang allegation, (2) admitting evidence of text messages, a prior act of domestic violence, and a hearsay statement made by Sandra Lopez (Sandra), and (3) overruling an objection to the prosecutor’s opening statement. Defendant forfeited the contention concerning the evidence of a prior act of domestic violence by failing to object in the trial court. We conclude the court’s other rulings were not an abuse of discretion. As suggested by the Attorney General, we order the abstract of judgment amended to reflect the court’s pronouncement of custody credits. In all other respects, we affirm the judgment.
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