the case of a man accused of shooting another man 5 times outside of a live oak apartment complex in 2006 is scheduled to be heard by the california state supreme court. the conviction of jacob townly hernandez was turned over two years ago when a san jose appellate court ruled that hernandez was deprived of effective legal assistance. hernandez was convicted of attempted murder and using a gun, causing great bodily injury, in september 2007. the case is set to be heard in san francisco on february 7th.