People v. Hendrix CA3

Filed 4/24/14 P. v. Hendrix CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C073341

Plaintiff and Respondent, (Super. Ct. No. 10F01072)

v.

JERMAINE HENDRIX,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). An amended information accused defendant Jermaine Hendrix of one count of lewd conduct with force or violence upon a child under the age of 14 (count 1; Pen. Code, § 288, subd. (b)(1)),1 five counts of lewd conduct upon a child under the age of 14

1 Undesignated section references are to the Penal Code.

1

(counts 2 & 4-7; § 288, subd. (a)), and one count of forcible rape against a child aged 15 or 16 (count 3; § 261, subd. (a)(2)). The information alleged that defendant committed the offenses beginning on or about December 30, 2007, and ending on or about December 11, 2009. The evidence at trial showed that the victims were either relatives of defendant or the daughters of defendant’s friend and sometime housemate. Some counts arose from episodes that began with defendant “play fighting” or wrestling with the victims, then proceeding to unwanted touchings. In other episodes, the victims awoke to find defendant touching them lewdly. In one episode that began in this way, defendant went on to detain the victim forcibly, overcoming her resistance, and to place his penis in her vagina against her will. A jury convicted defendant on all counts. The trial court sentenced defendant to an aggregate state prison term of 32 years to life, computed as follows: eight years (the upper term) on count 4, plus subordinate terms of two years on counts 2, 5, 6, and 7, a full eight-year term on count 1, and a full eight-year term on count 3, all run consecutive to sentence on count 4. The court awarded defendant 1,220 days of presentence custody credit (1,061 actual days and 159 conduct days). The court imposed a $200 restitution fine and a suspended parole revocation restitution fine in the same amount. (§§ 1202.4, subd. (b), 1202.45.) The court retained jurisdiction as to victim restitution in amounts to be determined. The court then stated: “Any other mandatory fines are imposed. Any discretionary fines are stricken.”2