People v. Hernandez CA4/3

── People v. Hernandez CA4/3 ── Court: California Court of Appeal Date: May 07, 2026 Category: General Filed 5/7/26 P. v. Hernandez CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE THE PEOPLE, Plaintiff and Respondent, G064262 v. (Super. Ct. No. 20CF0696) FRANCISCO RENE ABREGO OPINION HERNANDEZ, Defendant and Appellant. Appeal from a judgment of the Superior Court of Orange County, Robert A. Knox, Judge. Affirmed. William G. Holzer, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve Oetting and Joshua Trinh, Deputy Attorneys General, for Plaintiff and Appellant. * * *  Defendant Francisco Rene Abrego Hernandez was convicted of forcible rape of Jane Doe with a true finding on an allegation of use of a dangerous or deadly weapon during commission of the rape. On appeal, Hernandez argues the trial court erred in failing to instruct the jury on unanimity where the prosecution accused Hernandez of using three separate weapons–a BB gun, taser, and folding knife–during the rape. Hernandez contends the jurors could have disagreed as to which particular item was a deadly or dangerous weapon. We conclude the court was not required to instruct the jury on unanimity and affirm the judgment. FACTS A. Factual Background 1. Rape of Jane Doe On January 19, 1999, Jane Doe was having sexual intercourse with M.H. in his van at Centennial Park in Santa Ana. Hernandez, wearing a ski mask, entered the van. Hernandez held up a gun, pointed it at M.H., and asked if they had any money or drugs. Hernandez told M.H. to get on his knees and told Jane Doe he was going to kill M.H. first. Jane Doe begged for their lives and told Hernandez he “could do whatever he wanted with [her].” Hernandez made M.H. lie face down on the floor and had Jane Doe lie on top of M.H. Hernandez pulled a folding knife and taser out of his jacket and placed them on the floor. Jane Doe told Hernandez she was pregnant. While Hernandez raped Jane Doe, he pointed the gun at M.H. and had the taser and knife, which was close, by his side. Jane Doe cried and repeatedly said “no” during the rape. Hernandez ordered M.H. to drive to a parking lot and then left the van. 2  M.H. drove Jane Doe back to her house and then to the hospital. A doctor conducted a sexual assault exam, which revealed the presence of semen. In 2019, a forensic scientist examined the semen sample from Jane Doe’s rape and determined that the sample matched Hernandez’s DNA. This semen sample also matched Hernandez’s DNA recovered in other cases. 2. Other Offenses At Jane Doe’s trial, four other women testified to similar sexual assaults by Hernandez at Jerome Park, Centennial Park or Mile Square Park between 1997 and 2003, all of which resulted in convictions. In those assaults, Hernandez used a gun and/or a knife and nearly identical methods, including approaching a male and female couple at gun or knife point and positioning the victims in a nearly identical way as he did with Jane Doe and M.H., while the se