People v. Hernandez CA4/2

BACKGROUND

Doe was born in November 1998. When she was four years old, Hernandez

started to live with her family, which consisted of her mother and a two-year-old brother.

The family lived in four different residences when Doe was four to 18 years old, listed

chronologically as: E Street, Avenida Valdez, Sky Blue Water, and El Canto Road.

In 2019, when Doe was 21 years old, she reported to law enforcement that

Hernandez had sexually abused her when she was a child. A detective interviewed Doe

and later arrested Hernandez.

Hernandez was charged by information with two counts of aggravated sexual

assault (oral copulation) of Doe when she was under 14 years old (Pen. Code, § 269,

subd. (a)(4); counts 1 & 2) and four counts of engaging in lewd and lascivious conduct

with Doe “by use of force, violence, duress, menace, or fear of immediate and unlawful

bodily injury” when she was under 14 years old (Pen. Code, § 288, subd. (b)(1); counts 3-

6). (Unlabeled statutory references are to the Penal Code.) The conduct underlying all of

2 the offenses was alleged to have occurred between November 2005 and November 2010.

The information alleged specific acts as forming the basis…