People v. Fernandez CA2/3

INTRODUCTION

Appellant Sergio Fernandez appeals from a judgment of conviction for eight counts of lewd or lascivious act with a child under 14 years old with the multiple victim circumstance under the One Strike Sex law, and three counts of oral copulation or sexual penetration of a child under 10 years old. Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), Fernandez’s appellate counsel requested that we review the record and determine whether any arguable issues exist on appeal. We have reviewed the entire record and find no arguable issues, other than an error in awarding presentence conduct credits. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. Facts

A. Prosecution case 1. Natalee N. Natalee N. was Fernandez’s cousin. When she was seven or eight years old, she would go to Fernandez’s home.1 He was 37 or 38 years old at the time. Fernandez had two daughters, Diana and Marisol. Diana was one year older than Natalee N. Marisol was two to three years younger. On one occasion, Natalee N. spent the night at Fernandez’s home when she was between the ages of six and nine years old. She slept in Marisol’s room, where they had separate beds. Natalee N. remembered being…