People v. Martinez CA5

INTRODUCTION

In 2023, a jury convicted appellant Jorge Luis Martinez of multiple sexual crimes with a female who was younger than 10 years of age. Appellant was sentenced to prison for an aggregate determinate term of 14 years 10 months, with a consecutive aggregate indeterminate term of 80 years to life. Appellant raises four claims on appeal. He contends substantial evidence does not support his judgment. He argues that the prosecutor asked improper questions during voir dire, which “preconditioned” the jury against him. He raises a claim of ineffective assistance of counsel based on his trial attorney’s alleged failure to object to certain testimony from a witness. Finally, he argues the trial court abused its sentencing discretion. We reject all of appellant’s contentions and affirm.

BACKGROUND

Jane Doe was born in April 2011. She was in the sixth grade and 11 years old when she testified at trial in this matter. When the sexual assaults occurred, appellant was Doe’s stepfather. Appellant was born in October 1985. From May 2016 through October 2018, appellant lived with Doe and her mother in a house in Madera, California. During summer breaks, Doe lived with her biological…