PEOPLE v. HERNANDEZ

No. D053807.

180 Cal.App.4th 337 (2009)

THE PEOPLE, Plaintiff and Respondent, v. CARLOS MORALES HERNANDEZ, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

December 17, 2009.


Attorney(s) appearing for the Case

Kurt David Hermansen, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Chandra E. Appell and Marcella McLaughlin, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

McINTYRE, J.

A jury convicted 21-year-old Carlos Morales Hernandez of sodomy and rape, and as to both counts found true the special allegations that he (1) committed the crimes during the commission of a burglary with the intent to commit a sex crime; (2) personally used a dangerous and deadly weapon; and (3) used a deadly weapon. The trial court sentenced Hernandez to 50 years to life, plus a consecutive...

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