People v. Perez CA1/4

DISCUSSION

In a complaint filed on February 20, 2022, appellant was charged with ten felony counts relating to his molestation of Jane Doe, a minor who was appellant’s step-niece. The court held a preliminary hearing on June 17, 2022, at which the People presented evidence that appellant had taken Jane Doe, then 12 years old, from her home in Antioch to Los Angeles for approximately one month, appellant’s phone contained photos of Jane Doe’s bare breasts and genitalia, and Jane Doe told investigators that she and appellant had engaged in sexual intercourse more than 13 times. The magistrate held appellant to answer on all charges, and on June 30, 2022, the People filed an information containing the same charges as the complaint. On September 23, 2023, appellant filed a nonstatutory motion to dismiss the charges the charges that also referenced Penal Code section 745, subdivision (d), in the title, but otherwise offered no argument based on the Racial Justice Act. The motion was based on the allegation that Antioch Police Department Officer Kelley Inabnett participated in racist text messages over the span of several years with other police officers, and that the prosecution had…