P.

Filed 4/2/13 P. v. Serna CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C070258

Plaintiff and Respondent, (Super. Ct. No. SF116646A)

v.

RODNEY SERNA,

Defendant and Appellant.

A jury found defendant Rodney Serna guilty of violating Penal Code1 section 288, subdivision (c)(1) (section 288(c)(1)) for committing lewd acts on a 15-year-old girl.

All further section references are to the Penal Code.

Section 288(c)(1) provides in relevant part as follows: “Any person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is…