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P. v. Hernandez
Defendant Fidencio Hernandez was convicted of possession of cocaine base in case No. BA353604. He was placed on Proposition 36 probation,[1] requiring him to obey all laws, among other conditions. On January 8, 2010, defendant’s probation was revoked and reinstated after he admitted a violation, and his Proposition 36 program was terminated. On February 23, 2010, defendant was charged by information with the crime at issue in this appeal, second degree robbery (Pen. Code, § 211), with gang allegations (§ 186.22, subd. (b)(1)(C)). Defendant’s probation was again revoked, and the matter was set for a probation violation hearing to follow this case, with the evidence from this case to be considered for the probation violation. The jury found defendant guilty of robbery, and deadlocked on the gang allegations. The gang allegations were dismissed under section 1385 after the trial court declared a mistrial. Defendant was sentenced to the upper term of five years, and found to be in violation of his probation. His probation was revoked, reinstated, and terminated.
On appeal, defendant contends that insufficient evidence supports his robbery conviction and resulting probation violation, reasoning the testimony of the two key witnesses was “inherently improbable” due to the inconsistencies between their testimony at trial and their previous statements to police. We find no merit in defendant’s contentions, and therefore affirm.

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