People v. Hernandez CA2/3

BACKGROUND

Viewed in accordance with the usual rules of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. The prosecution witnesses, all of whom were Hernandez’s nieces, described a series of sexual assaults he perpetrated against them years earlier when they were children. a. Stephanie: continuous sexual abuse (count 2). Stephanie, who was 18 years old at the time of trial, testified that, as a child, she often visited defendant Hernandez’s home. Hernandez was married to her mother’s sister. Stephanie often played with Hernandez’s daughter, who was a year older than Stephanie. The first time that something happened was when Stephanie was in the first grade and she spent the night in Hernandez’s living room. Stephanie woke up to find Hernandez touching her chest, her sides and her thighs. She could feel his hands rubbing her body up and down on the outside of her clothing. Hernandez told her “not to say anything or something will happen.” When Stephanie was about the same age, there was another incident in the living room of Hernandez’s house. This time Hernandez rubbed Stephanie’s chest, her side and…