People v. Hernandez CA4/2

INTRODUCTION

An information charged defendant and appellant Manuel Hernandez with three

counts of oral copulation on a person 10 years of age or younger under Penal Code1

section 288.7, subdivision (b); and three counts of lewd acts under section 288. There

were two victims, Jane Doe 1 and Jane Doe 2.

Over defense objections, the trial court ruled that (1) the videotapes of Jane Doe

and Jane Doe 2’s forensic interviews; (2) evidence of Jane Doe 1’s initial disclosure; and

(3) defendant’s prior uncharged conviction for unlawful sex with a minor, were

admissible under Evidence Code section 1108.

Thereafter, prior to voir dire, pursuant to a written plea agreement, defendant pled

guilty to one count of section 288.7, subdivision (b), involving Jane Doe 1. The parties

stipulated to a 15-years-to-life sentence. The remaining counts were dismissed. At the

sentencing hearing, the trial court imposed the stipulated sentence of 15 years to life.

Defendant filed a timely notice of appeal and requested a certificate of probable

cause; the trial court denied defendant’s request.

All statutory references are to the Penal Code unless otherwise specified.

2 II

STATEMENT…