P. v. Hernandez
Lino F. Hernandez, Alvino Joe Hernandez, and Alejandro Salas appeal from the judgments following their convictions by jury of one murder and three attempted murders. (Pen. Code, §§ 187, subd. (a), 189; 664/187, subd. (a).)[1] The jury convicted Salas of second degree murder, and convicted Lino and Alvino of first degree murder, with a true finding as to a gang special circumstance allegation.[2] (§§ 187, subd. (a), 189; 190.2, subd. (a)(22).) The jury also found true allegations that appellants' crimes were committed for the benefit of, in association with, or at the direction of a criminal street gang (§ 186.22, subd. (b)(1)); a principal personally used a firearm in the crimes (§ 12022.53, subd. (e)(1)); and Lino personally inflicted great bodily injury in their commission (§ 12022.7, subd. (a)).
Appellants raise multiple challenges to the sufficiency of the evidence to support the findings and verdicts: Alvino and Salas challenge the gang enhancement findings; Alvino and Lino challenge the gang special circumstance findings; and Salas challenges his second degree murder and attempted murder convictions. Appellants also contend that the trial court committed multiple prejudicial instructional and evidentiary errors that violated their constitutional rights. Alvino claims that the trial court cited improper factors as justification for imposing consecutive sentences for the three attempted murders.[3] We affirm.
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