People v. Martinez CA5

INTRODUCTION

In 2021, a jury convicted appellant Yovani DeJesus Martinez of 10 felonies involving sex-related crimes committed with his daughter, who was eight years old when she first reported the abuse. Appellant was convicted of two counts of sexual penetration of a child under the age of 10 years (Pen. Code, § 288.7, subd. (b);1 counts 1 & 2); six counts of committing a lewd act upon a child (§ 288, subd. (a); counts 3–8); one count of possession of child pornography (§ 311.11, subd. (a); count 9); and one count of using a minor to create pornography (§ 311.4, subd. (c); count 10). He received an aggregate indeterminate prison term of 30 years to life, along with a consecutive determinate sentence of 20 years. Appellant appealed. In general, he alleged that certain evidentiary and sentencing errors occurred, including a failure to prove factors in aggravation. He also asserted that his counsel rendered ineffective assistance. In 2023, we filed an unpublished opinion in which we rejected most of appellant’s claims. We found the imposition of aggravated terms to be harmless error. However, we agreed with the parties that the trial court had imposed an unauthorized sentence in…