Fernandez
The People v. Fernandez
Opinion
Opinion
Johnson, J.
Jorge Ramirez Fernandez appeals from his convictions for sexual abuse of his granddaughters. He contends (1) he was denied due process when the trial court permitted the prosecution to amend the information during trial; (2) instructional errors deprived him of a fair trial; (3) prosecutorial misconduct deprived him of a fair trial; and (4) he received ineffective assistance of counsel. We affirm.
PROCEDURAL BACKGROUND
An information charged appellant with the five felony offenses: lewd act on a child under the age of 14 (Pen. Code, § 288, subd. (a); counts 1 [victim Jane Doe No. 1], 3 and 4 [victim Jane Doe No. 2]); continuous sexual abuse (§ 288.5, subd. (a); count 2 [victim Jane Doe No. 1]); and oral copulation or sexual penetration with a child under 10 (§ 288.7, subd. (b); count 5 [victim Jane Doe No. 2]).) As to all counts, the information also alleged that the crimes involved more than one victim, within the meaning of section 667.61, subdivision (b).
A 10-day jury trial was conducted from April 12 to 25, 2011. Following the presentation of the prosecution’s case-in-chief, the trial court granted the prosecutor’s motion to dismiss count 1 (§ 1385), and permitted…