People v. Fernandez CA6

Filed 2/18/15 P. v. Fernandez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H038618

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. F1138192)

v.

JOSE MANUEL FERNANDEZ,

Defendant and Appellant.

A jury found defendant Jose Manuel Fernandez guilty of four counts of committing lewd or lascivious acts on a child (Pen. Code, § 288, subd. (a))1 and seven counts of committing lewd or lascivious acts on a child by force, violence, duress, menace, or fear of immediate and unlawful bodily injury (§ 288, subd. (b)(1)). Defendant contends the trial court erred by not giving CALCRIM No. 121 or a substantially equivalent instruction regarding evidence in a foreign language. Defendant also claims there was…