People v. Hernandez CA4/2

BACKGROUND

In May 2024, the People filed an information alleging that Hernandez committed

oral copulation of an unconscious person in violation of subdivision (f) of section 287.

The People further alleged that the victim was particularly vulnerable within the meaning

of California Rules of Court, rule 4.421(a)(3).

At trial, the victim testified that she began dating Hernandez in 2019, and she

began dating J.R. in early “2020 or maybe [the] end of 2019,” while she was still seeing

Hernandez. Neither Hernandez nor J.R. knew that she was dating both of them.

On April 10, 2020, the victim drove to Hernandez’s house with her 18-month-old

son, and they went with Hernandez to his brother and sister-in-law’s home, where the

adults played games and drank alcohol. The victim had two drinks, and she felt

intoxicated.

At about 12:00 a.m., the victim fell asleep on the living room couch with her son

sleeping on her chest. At “1:00 or 2:00 in the morning,” she woke up to something “hot”

on her face, and her eyes were burning. The victim saw Hernandez standing over her

“with his penis in his hands.” She thought that he had ejaculated onto her face. She

wiped her face with her…