A state appeals court panel on Friday upheld an ex-convict’s conviction for carrying out a shooting rampage that left five people dead in the San Fernando Valley, including three on the same day.
The three-justice panel from California’s 2nd District Court of Appeal rejected the defense’s contention that his conviction violated Alexander Hernandez’s constitutional right because his trial counsel conceded guilt at his trial, purportedly over the defendant’s objection.
The appellate court panel noted that Hernandez unsuccessfully sought to replace his trial attorneys early in the trial process and that the defendant told Los Angeles County Superior Court Judge Stephen Marcus that his lawyers didn’t want to use certain evidence at trial that he believed would help his defense and that there were a “couple things” he didn’t want them to say to the jury.
“But nowhere in the record did Hernandez state that his goal was to maintain his innocence of the charges against him or to preclude the use of mental state evidence, despite the trial court’s several requests that he explain the nature of his disagreement with defense counsel,” the panel found in its 18-page ruling.
Hernandez, now 44, was convicted in May 2022 of first-degree murder for the 2014 slayings of Sergio Sanchez on March 14; Gilardo Morales on Aug. 21; and Gloria Tovar, Michael Planells and Mariana Franco on Aug. 24, along with 11 counts of attempted murder — the bulk of which occurred between Aug. 20 and Aug. 24, 2014.
Jurors found true the special-circumstance allegations of multiple murders and murder during a drive-by shooting.
The former Sylmar resident was also found guilty of eight counts of shooting at an occupied vehicle, two counts of possession of a firearm by a felon and one count of possession of ammunition by a felon.
Hernandez — who withdrew his not guilty by reason of insanity plea just before the trial — pleaded no contest before the trial began to three animal cruelty…
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