People v. Hernandez CA2/6

Filed 2/18/15 P. v. Hernandez CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B247852 (Super. Ct. Nos. 1141755, 1329461) Plaintiff and Respondent, (Santa Barbara County)

v.

JOSE RAYA HERNANDEZ,

Defendant and Appellant.

Appellant Jose Raya Hernandez was convicted of multiple sexual offenses for the molestation of his biological daughters and sentenced to an indeterminate term of 150 years to life. In addition, an earlier grant of probation for a separate sex offense was revoked and the stayed term of eight years was imposed. The trial court ordered the indeterminate term to be served consecutively to the determinate term. Case No. 1141755 Appellant was charged with probation violations related to a 2005 conviction.1 After a court trial, the trial court found that he had failed to report to the

1 The underlying conviction is not at issue. Appellant pled no contest to one count of lewd act upon a child (his niece). The trial court suspended imposition of an eight- year prison sentence and placed appellant on five years of probation, 365 days of

probation officer after being released from custody. The court ordered that his probation remain revoked and imposed execution of his previously suspended eight year sentence, which it set as the principal term. The trial court imposed $1,552.50 in victim restitution (Pen. Code, § 1202.4, subd. (f)),2 a $200 probation revocation restitution fine (§ 1202.44), a suspended $200 parole revocation restitution fine (§ 1202.45), a $730 sex offender fine (§ 290.3), a $40 court security fee (§ 1465.8), and a $30 criminal conviction assessment (Gov. Code, § 70373). Appellant was awarded 370 days of presentence custody credit. Case No. 1329461 A first amended information charged appellant with five counts of lewd act upon a child (§ 288, subd. (a)), one count of continuous sexual abuse of a child (§ 288.5, subd. (a)), and three counts of forcible lewd act upon a child (§ 288, subd. (b)(1)). In addition, it was alleged that he had suffered a prior strike (§§ 667, subds. (d)(1), (e)(1), 667.5, subd. (c)(6), 1170.12, subds. (b)(1), (c)(1), 1192.7, subd. (c)(6)) and had committed an offense against more than one victim (§ 667.61, subds. (b), (e)(4)). The jury convicted him on all counts and found the multiple victims allegation to be true. The trial court found the prior strike allegation to be true. On one of the counts for forcible lewd act upon a child, the trial court imposed a term of 15 years to life, doubled as a second strike. (§§ 667.61, subds. (b), (e)(4), 667, subd. (e)(1), 1170.12.) On the eight remaining counts, the court imposed consecutive terms of 15 years to life. (§ 667.61, subds. (b), (e)(4).) The trial court imposed $7,735.15 in victim restitution, a $10,000 restitution fine (§ 1202.4, subd. (b)), a suspended $10,000 parole revocation restitution fine, a $2,150 sex offender