People v. Hernandez CA6

I. BACKGROUND

A. Procedural History Hernandez was charged with sodomy by force on a minor over 14 years of age in violation of Penal Code section 286, subdivision (c)(2)(C), as well as two counts of oral copulation of a person under 16 years of age (Pen. Code § 287, subd. (b)(2)), three counts of lewd acts on a child (id., § 288, subd. (c)(1)), and one count of forcible oral copulation with a minor over 14 years of age (id., § 287, subd (c)(2)(C)). Four of these counts were dismissed, leaving only the forcible sodomy and two lewd act counts for trial. Hernandez waived his right to a jury trial. After conducting a bench trial, the trial court acquitted Hernandez of one of the lewd acts counts but convicted him of sodomy and the other lewd acts count. Hernandez was sentenced to nine years for sodomy and two years, to be served concurrently, for lewd acts. B. Evidence Presented at Trial At trial, the prosecution’s primary witness was the victim, I.D. (The victim’s initials are used, consistent with rule 8.90(b)(4) of the California Rules of Court, to protect his privacy.) I.D. testified that his mother was a social event photographer, and at such events she sometimes used I.D. as…