The People v. Ferreira CA4/2

I. INTRODUCTION

Defendant and appellant, Hilario Garcia Ferreira, was charged with four counts of

lewd and lascivious conduct on a child under the age of 14 years. (Pen. Code, § 288,

subd. (a).) Counts 1, 2, and 3 involved Jane Doe (Jane). Count 4 involved John Doe

(John). The jury found defendant guilty on each count; defendant was sentenced to

concurrent terms of 15 years to life on each of the four counts.

On appeal, defendant argues the guilty verdicts on counts 1 through 3 should be

reversed because the trial court erroneously admitted into evidence the video recording of

Jane‟s Riverside Child Assessment Team (RCAT) interview. He submits that the

videotape was not admissible as a prior inconsistent statement. (Evid. Code, § 1235.)

He further contends the videotape was so inflammatory and emotional that its admission

deprived him of due process. We conclude defendant has forfeited these arguments

because he did not object to the admission of the videotape on those grounds. At the trial

level, counsel for defendant objected to the admission of the videotape solely on the basis

of section 352. As to that ground, we hold the trial court did not abuse its…