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PEOPLE v. HERNANDEZ

Nos. B175866, B185049.

36 Cal.Rptr.3d 59 (2005)

134 Cal.App.4th 474

The PEOPLE, Plaintiff and Respondent, v. Ruben Joe HERNANDEZ, Defendant and Appellant. In re Ruben Joe Hernandez, on Habeas Corpus.

Court of Appeals of California, Second District, Division Seven.

November 28, 2005.

Attorney(s) appearing for the Case

Neil Rosenbaum, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.

Ruben Joe Hernandez, in propria persona, for Petitioner.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews and Adrian N. Tigmo, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

JOHNSON, J.

A jury found appellant Ruben Joe Hernandez guilty of first degree murder. It also found true allegations the crime was committed for the benefit of a criminal street gang, a principal personally used and discharged a firearm causing death, and Hernandez had suffered a prior conviction and prison term. In sentencing Hernandez the trial court imposed a term of 25 years to life for the...

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