People v. Hernandez CA1/5

Filed 6/12/14 P. v. Hernandez CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A137567

v. (Contra Costa County Super. Ct. No. 51113315)

JHONATAN HERNANDEZ,

Defendant and Appellant. ____________________________________/

A jury convicted appellant Jhonatan A. Hernandez of committing a lewd or lascivious act on Jane Doe, a child under 14 years old (Pen. Code, § 288, subd. (a))1 and the trial court sentenced him to state prison. Hernandez appeals. He contends: (1) trial counsel was ineffective for failing to request CALCRIM No. 3426, which concerns the effect of a defendant’s voluntary intoxication on the ability to form the specific intent to commit a…