People v. Hartman CA4/2

I. INTRODUCTION

Defendant and appellant Robert Henry Hartman was convicted of two counts of

committing a lewd and lascivious act upon a person fourteen years of age (Pen. Code,1

§ 288, subd. (c)(1)) as the result of two incidents in which he touched M.D., a friend of

his girlfriend’s daughter. He was sentenced to a term of two years in state prison.

On appeal, defendant argues the judgment should be reversed because: (1) the

trial court erred by excluding evidence related to M.D.’s mental health treatment at the

time of the alleged offenses; (2) the trial court erred by excluding evidence of M.D.’s

interview with police; and (3) the trial court erred by denying a motion to dismiss or

motion for new trial based upon newly discovered evidence. We disagree with each of

these contentions and affirm the judgment.

II. BACKGROUND

In July 2018, M.D. reported she was inappropriately touched by defendant while

visiting a friend’s home for a sleepover. As a result of M.D.’s allegations, defendant was

charged with two counts of committing a lewd and lascivious act upon a person fourteen

years of age (§ 288, subd. (c)(1)).

M.D. testified that, in July 2018, she went to a…