People v. Hernandez CA4/1

Filed 11/5/25 P. v. Hernandez CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083363

Plaintiff and Respondent,

v. (Super. Ct. No. SCN428656)

VICTOR CAMPUZANO HERNANDEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, William Y. Wood, Judge. Affirmed.

Patricia L. Brisbois, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Senior Assistant Attorney General, Eric A. Swenson, Supervising Deputy Attorney General, Christine Y. Friedman and Heather M. Clark, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Victor Campuzano Hernandez of sex crimes against two minor victims including his stepdaughter L.M., as well as one count of inflicting a corporal injury against their mother. As to L.M., among other offenses, defendant was convicted of engaging in sexual intercourse with a child 10 years of age or younger (counts 1 and 2; Pen. Code, § 288.7, subd.

(a)).1 The court sentenced defendant to 260 years to life plus 3 years: an indeterminate term of 25 years to life on count 1, a consecutive term of 25 years to life on count 2, consecutive terms of 15 years to life on counts 3 through 16, and a determinate, consecutive midterm of 3 years on count 17. Defendant’s sole challenge is to the count 1 and 2 convictions. He contends we must reverse them because the record lacks substantial evidence he engaged in sexual intercourse with L.M. when she was 10 years old or younger. We disagree and affirm. FACTUAL BACKGROUND L.M. was born in November 2008, and was 14 years old at the time of the October 2023 trial. At the time of the incidents, L.M. lived with defendant, her mother Y.G., and her two siblings who were Y.G. and defendant’s biological daughters. Defendant is not L.M.’s biological father,