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PEOPLE v. HERNANDEZ

No. G049024.

228 Cal.App.4th 539 (2014)

175 Cal. Rptr. 3d 361

THE PEOPLE, Plaintiff and Respondent, v. STEVEN AKEEL HERNANDEZ, Defendant and Appellant.

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

As modified August 6, 2014.

Attorney(s) appearing for the Case

Reed Webb , under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

RYLAARSDAM, Acting P. J. —

A jury convicted defendant Steven Akeel Hernandez of having committed vandalism causing less than $400 in damages (Pen. Code, § 594, subds. (a) & (b)(2)(A); all further statutory references are to this code). Because the jury also found the vandalism was committed for the benefit of a criminal street gang (§ 186.22, subd. (d)), the crime is a

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