P. v. Hernandez 4/18/05 CA2/4

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B174486

Case Date: 07/20/2005

Preview:Filed 4/18/05 P. v. Hernandez CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, v. MANUEL DEJESUS HERNANDEZ, Defendant and Appellant.

B174486 (Los Angeles County Super. Ct. No. YA042302)

APPEAL from a judgment of the Superior Court of Los Angeles County, Dudley W. Gray II and Francis J. Hourigan III, Judges. Modified and affirmed. Nancy J. King, 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, Lawrence M. Daniels and Michael A. Katz, Deputy Attorneys General, for Plaintiff and Respondent.

A multiple count information was filed against appellant Manuel DeJesus Hernandez, alleging, inter alia, that he had engaged in lewd acts upon a child. The judgment following appellant's first trial was reversed, and the matter was remanded for retrial. At appellant's second trial, a jury found appellant guilty on all counts. We modify the judgment following the second trial with respect to appellant's sentence, and affirm the judgment so modified.

PROCEDURAL BACKGROUND On April 20, 2000, an information was filed against appellant, alleging that he had committed numerous offenses against a single victim. The information charged him in count 1 with continuous sexual abuse. (Pen. Code,

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