PEOPLE v. HERNANDEZ

No. F056015.

181 Cal.App.4th 1494 (2010)

THE PEOPLE, Plaintiff and Respondent, v. DANIEL HERNANDEZ, Defendant and Appellant.

Court of Appeals of California, Fifth District.

CERTIFIED FOR PARTIAL PUBLICATION


Attorney(s) appearing for the Case

Cliff Gardner, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Lloyd G. Carter, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

LEVY, Acting P. J.

Appellant Daniel Hernandez was charged, by fourth amended information, with murder committed by an active participant in a criminal street gang and carried out to further the activities of the gang, and perpetrated by means of discharging a firearm from a motor vehicle (Pen. Code,1 §§ 187, subd. (a), 190.2, subd. (a)(21) & (22); count 1), attempted premeditated murder...

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