People v. Hendricks CA3

Filed 12/9/20 P. v. Hendricks CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C089406

v. (Super. Ct. No. 17FE001858)

DENNIS LEE HENDRICKS,

Defendant and Appellant.

A jury convicted defendant Dennis Lee Hendricks of engaging in unlawful sexual intercourse with a person under the age of 16 years, and found true an allegation that he personally inflicted great bodily injury upon the victim. Defendant now claims there is

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insufficient evidence to support the great bodily injury finding. Because substantial evidence supports the jury finding, we will affirm the judgment. BACKGROUND Defendant began sexually abusing the 15-year-old victim in 2016. He had ingratiated himself with the victim’s family and eventually drove her to events. Several days after her 15th birthday, defendant gave the victim a ride to a band performance. While driving her home, defendant parked and asked the victim to get in the back seat of the car. She complied and defendant had intercourse with her. He told her she could not tell anyone what happened. Defendant had sexual intercourse with the victim on more than five other occasions. She testified the second occasion was possibly a few weeks after the first occasion. During summer camp the victim began to sense she was pregnant because she had morning sickness and her body was changing. Defendant had intercourse with her that Fall, but they stopped in November 2016, about a month before a doctor confirmed she was pregnant and she told her mother. During the pregnancy the victim experienced anxiety and post-traumatic stress disorder. She had panic attacks and she was scared and in pain. In 2017 she gave birth to a baby girl. A detective collected DNA samples from the victim, her baby, and defendant. Criminalist Joy Viray, an expert on paternity and DNA, developed DNA profiles and opined it is over two trillion times more likely that defendant is the biological father of the victim’s baby than a random unknown man. She said the probability of paternity is at least 99.99 percent. The People charged defendant in counts one and two with engaging in unlawful sexual intercourse with a person under the age of 16 years. (Pen. Code, § 261.5,