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Date: 11-15-2024
Case Style:
The People of the State of California v. Christian Matias Hernandez
Case Number: FVI23003282
Judge: Michael S. Dauber
Court: Superior Court, San Bernardino County, California
Plaintiff's Attorney: San Bernardino County, California District Attorney's Office
Defendant's Attorney:
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Description:
San Bernardino, California criminal defense lawyer represented the Defendant charged with possession of a "firearm and ammunition by a felon, in violation of Penal Code sections 29800, subdivision (a)(1), and 30305, subdivision (a)(1).
In November 2023, the People filed an information charging Hernandez with one count of possession of a firearm by a felon and one count of possession of ammunition by a felon, and they alleged 10 aggravating circumstances. (§ 1170, subd. (b)(2).)
At trial in January 2024, the parties stipulated that Hernandez had a prior felony conviction in 2020. The People's only witness in its case-in-chief was Deputy Austin Schwingel. Schwingel testified that in October 2023, he and another deputy were investigating an abandoned box truck in the unincorporated area of Apple Valley. Schwingel heard about 10 gunshots to the south and saw a white Honda Civic driving west through the desert and parking on a dirt road. Schwingel could not see anyone in the car. There were no other vehicles or people around. Schwingel heard about 10 more gunshots coming from the location of the car as he and the other deputy came within about 150 yards of the Honda. The deputies parked, turned off their headlights, and asked dispatch for backup. Schwingel did not see any sparks or flashes of light that would come from a gunshot, and he did not see a gun or ammunition thrown from the car.
When backup arrived about 15 minutes later, the deputies drove toward the car with their emergency lights on. They conducted a "high-risk" vehicle stop and told the driver to exit his car. Hernandez was the only person in the vehicle, and he initially ignored their commands. He exited the vehicle after "a short period of time," and he was detained.
As Schwingel approached the car, he saw fired cartridge casings on the ground outside of the driver's door, on the roof of the car, and on the driver's seat. Schwingel also found live nine-millimeter ammunition inside of the car's center console. About 10 feet from the driver's door, Schwingel found a functional nine-millimeter "ghost gun" and a plastic bag full of ammunition in a bush. Schwingel did not fingerprint the gun or link the fired shells to the gun. Schwingel tested for gunshot residue on Hernandez, and Schwingel did not have the results at trial.
Hernandez testified for the defense. He claimed that three police cars and a helicopter put lights on him as he drove in an area of the desert that transitioned to a residential area. Hernandez had just dropped off one of his coworkers, and he did not know why law enforcement had stopped him. Hernandez testified that a white Jeep was driving in front of him at the time of the stop.
Hernandez testified that he did not own a gun, and he knew that he could not be in possession of guns or ammunition. He had never seen the gun that the deputies found, and he did not throw it out of his car. There was never any live ammunition or casings in his car or on the roof. He testified that everything found in his car and in the bush was a setup and that he was framed. Following the parties' closing arguments, the jury found Hernandez guilty on both counts.
At a bench trial in March 2024, the trial court found the following aggravating circumstances true beyond a reasonable doubt: (1) The crime involved planning, sophistication, or professionalism; (2) Hernandez engaged in violent conduct that indicated a serious danger to society; and (3) Hernandez had numerous prior convictions that were increasing in seriousness.
The court sentenced Hernandez to the upper term of three years for the felon in possession of a firearm count and a consecutive eight months (one-third of the middle term) for the felon in possession of ammunition count, for a total of three years eight months in state prison. The court awarded Hernandez 159 days of custody credit and 158 days of conduct credit for a total of 317 days.
People v. Hernandez, E083590 (Cal. App. Nov 15, 2024)
Outcome: Defendant was convicted.
Affirmed
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