Hernandez

People v. Hernandez

Bad Law
133 Cal. Rptr. 3d 84·200 Cal. App. 4th 953·2011 Cal. App. LEXIS 1411
Court of Appeal of CaliforniaNovember 10, 2011No. B225494California6,968 words

Opinion

Lead Opinion

Johnson, J.

SUMMARY

A jury convicted Alfred Carlos Hernandez of one count of continuous sexual abuse of a child under the age of 14 years. Appellant contends the trial *956 court erred by admitting evidence of uncharged sexual offenses, tolling the statute of limitations and refusing to sustain his challenge to a juror for cause. We affirm.

PROCEDURAL BACKGROUND

The operative information alleged that between November 26, 1990, and November 25, 1999, defendant and appellant Alfred Carlos Hernandez committed the crime of continuous sexual abuse, in violation of Penal Code section 288.5, subdivision (a), by engaging in at least three acts of “ ‘substantial sexual conduct’ ” (Pen. Code, § 1203.066, subd. (b)), and at least three lewd and lascivious acts (Pen. Code, § 288) with his granddaughter, Erica H., a child under 14 years old. The information further alleged that Erica had been under 18 at the time of the crimes, that she reported the crimes to the police and a complaint was filed within one year of that reporting, and that there was independent evidence that clearly and convincingly corroborated the allegations. (Pen. Code, § 803, subd. (f>.) The information also alleged that…

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