Abercrombie

Certified for Partial Publication. [*]

Defendant Richard Abercrombie sexually abused his stepdaughter on several occasions over a six-month period. A jury convicted him of two counts of lewd conduct with a child (Pen.Code, § 288, subd. (a)—counts one and two), [1] one count of unlawful sexual intercourse with a minor (§ 261.5, subd. (d)—count three), two counts of oral copulation with a minor (§ 288a, subd. (b)(2)—counts four and five), and one count of digital penetration of a minor (§ 289, subd. (i)—count six).

Defendant appeals from a judgment sentencing him to state prison for an aggregate term of 13 years. [2] He claims that the victim's testimony against him was inherently improbable and, therefore, not sufficient to sustain a verdict of guilty beyond a reasonable doubt. He also contends that imposition of the upper term sentence for count one violated his federal due process and jury trial rights under Cunningham v. California (2007) 549 U.S. ___ , 127 S.Ct. 856 , 166 L.Ed.2d 856 (Cunningham) , Blakely v. Washington (2004) 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (Blakely) , and Apprendi v. New Jersey (2000) 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435…