People v. Hernandez CA2/4, B335034

Matthew Hernandez, a Boyle Heights gang member, was convicted by jury of first-degree murder, shooting at an occupied vehicle, and assault with a semiautomatic firearm after he and another gang member shot and killed a rival gang member (a White Fence gang affiliate) in Los Angeles.
The incident involved an attempt to force the victim out of a truck and culminated in multiple shots being fired at the victim, causing 18 gunshot wounds and death; forensic evidence did not indicate the victim shot back or possessed a weapon.
The jury found true multiple firearm enhancement allegations related to the offenses; Hernandez received a sentence of 3 years plus 50 years to life in state prison.
On appeal, Hernandez challenged the trial court's refusal to instruct the jury on perfect and imperfect self-defense (for murder and lesser included offenses), as well as the court's sentencing discretion regarding firearm enhancements.
The appellate court reviewed the instructional and sentencing decisions for legal error and sufficiency of the evidence, ultimately affirming the trial court's judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Denial of Perfect Self-Defense Instruction	There was no basis for self-defense; Hernandez was the aggressor	Sufficient evidence existed for self-defense instruction	No error; no substantial evidence supported instruction
Denial of Imperfect Self-Defense/Voluntary Manslaughter	No imminent threat; facts don't support imperfect self-defense	Substantial evidence supported lesser included instruction	No error; evidence did not warrant manslaughter instruction
Firearm Enhancement Sentencing Discretion	Trial court applied law, exercised discretion properly	Court was unaware it could impose a lesser enhancement	No error; record shows court understood and exercised discretion
Refusal to Strike Firearm Enhancement	Enhancement was justified due to violent crime	Court should have struck the enhancement for interest of justice	No error; reasoning and law were clear, remand unnecessary

People v. Elmore, 59 Cal.4th 121 (Cal. 2014) (discussing the standard for perfect self-defense)
People v. Randle, 35 Cal.4th 987 (Cal. 2005) (requirements for perfect self-defense)
People v. Breverman, 19 Cal.4th 142 (Cal. 1998) (trial court's duty to instruct on lesser-included offenses)
People v. Barton, 12 Cal.4th 186 (Cal. 1995) (standard for lesser included offense instructions)
People v. Waidla, 22 Cal.4th 690 (Cal. 2000) (de novo review of failure to instruct on lesser-included offenses)
People v. Giordano, 42 Cal.4th 644 (Cal. 2007) (presumption of correctness and requirement that error be affirmatively shown)