The People v. Martinez CA6

FACTS

I. Background

Defendant was born in April 1978 and was therefore 33 years old at the time of trial. C.D. (Mother) is his mother. Mother is the adoptive mother of J.D., who was born in September 1995 and was 16 years old at the time of trial. Mother’s niece, Y.S., is J.D.’s biological mother. J.D. testified that he originally lived with his family in Milpitas, before moving to south San José. He lived there with his family in around 2005 to 2006 in San José (the first San José home). Defendant also lived with them and had his own room there. His family moved to another home in San José, where they lived between 2006 until 2011 (the second San José home). J.D. testified that defendant lived with them at the second San José home for a short time.

1 Further statutory references are to the Evidence Code unless otherwise stated.

2 According to Mother, defendant lived “off and on” in her household between 2004 and 2009. When she lived with her family at the first San José home, defendant did not have his own bedroom, but did visit on occasion—possibly twice a week—and sometimes stayed there. Defendant would sometimes babysit for her. Mother further testified that…