California Court of Appeal

People v. Hernandez, B175866

Penal Code section 12022.53 does not violate the right of equal protection or due process of law in applying a 25 year sentence enhancement for those who aid and abet a gang-related murder in which the perpertrator uses a gun.

Appellate Information

• Decided 11/28/2005
• Published 11/29/2005

Judges

• JOHNSON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Ruben Joe Hernandez, in propria persona, for Petitioner.


• For Appellees:
  
• Neil Rosenbaum, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews and Adrian N. Tigmo, Deputy Attorneys General, for Plaintiff and Respondent.