People v. Rodriguez CA5

Filed 10/5/21 P. v. Rodriguez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F080438 Plaintiff and Respondent, (Super. Ct. No. VCF367169) v.

EDUARDO HERNANDEZ RODRIGUEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Kathryn T. Montejano, Judge. Nicco Capozzi for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Michael A. Canzoneri and George M. Hendrickson, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P.J., Peña, J. and DeSantos, J.

Defendant Eduardo Hernandez Rodriguez was found guilty by jury trial of 12 counts of lewd or lascivious acts upon a child under the age of 14. On appeal, he argues the trial court erred when it sentenced him to an aggravated term and multiple consecutive terms without giving a reason for its sentencing choice. We affirm. PROCEDURAL SUMMARY On January 28, 2019, the Tulare County District Attorney filed a second amended information charging defendant with 12 counts of lewd or lascivious acts upon a child under the age of 14 years against E.D. (Pen. Code, § 288, subd. (a);1 counts 1−12) and six counts of lewd or lascivious acts upon a child under the age of 14 against S.C. (§ 288, subd. (a); counts 13−18). The information specially alleged multiple victims (§ 667.61, subds. (b) & (e)) as to all counts and substantial sexual conduct (§ 1203.066, subd. (a)(8)) as to counts 1 through 5, 11, and 13 through 15. On July 25, 2019, a jury found defendant guilty as charged in counts 1 through 3 and 5 through 12, and guilty of the lesser included offense of attempted lewd act upon a child in count 4. It found him not guilty of counts 13 through 18. It further found true the special allegations of substantial sexual conduct in counts 1 through 5, and multiple victims in count 12. On October 11, 2019, the trial court struck the multiple victims special allegation and sentenced defendant to an aggregate term of 21 years four months as follows: on count 1, the aggravated term of eight years; on count 2, two years to be served consecutively to count 1; on count 3, two years to be served consecutively to count 2; on count 4, 16 months to be served consecutively to count 3; on count 5, two years to be served consecutively to count 4; on count 6, two years to be served consecutively to count 5; on count 7, six years to be served concurrent to count 1; on count 8, six years to be served concurrently to count 1; on count 9, two years to be served consecutively to