A 27-year-old Santa Maria man convicted of trying to kill two people last year in a shooting outside a church dance in Santa Maria received a prison sentence Monday that likely will keep him behind bars for the rest of his life.

Santa Barbara County Superior Court Judge Zel Canter sentenced Ivan Moreno Hernandez to 80 years to life in prison for convictions on two counts of attempted murder, for which Canter decided to run the sentences consecutively, and related charges.

Hernandez, who was in county jail custody, was not in court for his sentencing, as he refused to enter the courtroom.

In addition to attempted murder, a Santa Maria jury on April 17 convicted Hernandez of gang allegations, charges that he intentionally and personally discharged a firearm causing great bodily injury and a felony count of evading an officer with willful disregard.

Hernandez shot Santa Maria residents Kevin Lopez, then 19, and Rafael Lainez, then 21, on Feb. 17, 2007, in front of St. John Neumann Catholic Church in the 900 block of West Orchard Street.

Lopez suffered arm wounds, and Lainez was shot in the chest and arm.

Almost 250 people, mostly youths, were reportedly evacuated from the night-time dance at the church hall.

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Hernandez also elected not to appear in court during a previous hearing in May. During that hearing, his attorney, David Bixby, told Canter that Hernandez said to him that he was mentally incompetent.

Canter said at the time that he saw no reason to declare a doubt as to Hernandez's mental competency.

On Monday, Bixby asked Canter to sentence his client concurrently on the attempted murder counts and connected allegations, thereby cutting the sentence in half to 40 years to life.

Bixby noted that a second-degree murder conviction would carry a prison sentence of 20-years-to-life.

“The reality of the situation is we have two young men who were superficially wounded,” he said.

Deputy District Attorney Megan Baldwin, the case prosecutor, said that Hernandez, a gang member, fired a gun at two unarmed men sitting on a retaining wall at a church dance.

The fact that Lainez and Lopez were not killed, Baldwin said, “has nothing to do with any compassion or action on his part.”

The defendant was more culpable, she said, because he harmed more than one person.

Ultimately, Canter agreed with Baldwin's request to sentence Hernandez consecutively.

“How does one get 80 years under these circumstances?” Bixby said outside court.

He said that in similar cases, those convicted were given lesser sentences.

Bixby said he planned to file a notice of appeal.

Samantha Yale can be reached at 739-2159 or syale@santamariatimes.com.

June 10, 2008