People v. Hernandez CA4/3

FACTS

As defendant raises only a sentencing issue on appeal, there is no need to recite the evidence at trial. On July 28, 2008, the Orange County District Attorney filed an information against defendant alleging he committed a number of sex offenses in the summer of 2007. Specifically, it charged defendant with a forcible lewd act on a child under 14 (§ 288, subd. (b)(1); count one), sodomy of a child under 14 (§ 286, subd. (c)(1); count two), oral copulation on a child under 14 (§ 288a, subd. (c)(1); count three), three counts of lewd act on a child under 14 (§ 288, subd. (a); counts four, five, and six),2 distribution of pornography to a minor (§ 288.2, subd. (a); count seven), and furnishing marijuana to a minor (Health & Saf. Code, § 11361, subd. (a); count 8). The information further alleged counts one through six involved more than one victim (§ 667.61, subd. (c)(1)), and defendant engaged in substantial sexual conduct in committing the offense alleged in count one. (§ 1203.066, subd. (a)(8).) The jury found defendant guilty on all counts, found defendant engaged in substantial sexual conduct in the commission of the offense charged in count one, and found defendant…