P.

BACKGROUND

Procedural history Defendant was charged with two counts of lewd act upon a child under the age of 14, in violation of Penal Code section 288, subdivision (a).1 A jury found defendant guilty of both counts as charged, and on October 13, 2011, the trial court sentenced him to a total of six years in prison, comprised of the middle term of six years as to count 1, plus a concurrent term of six years as to count 2. The trial court awarded 291 days of presentence custody credit, imposed mandatory fines and fees, and ordered defendant to submit to HIV testing and provide a DNA sample. Defendant filed a timely notice of appeal from the judgment. Prosecution evidence Eleven-year-old Emily T. and her older sister Fatima2 testified regarding the events of December 23, 2010. At approximately 3:00 p.m. when Emily and her two sisters were home alone while their parents were at work, defendant, their maternal uncle came to visit. When defendant arrived dinner was being prepared and cheese was needed. Defendant offered to go to the store and invited Emily to come along. She happily agreed as she was close to defendant, he was like a second father and she trusted him. Defendant and…