Rubio

Petitioner Rony Rubio is charged with felony sex offenses against a minor. He sought extraordinary writ relief from this court after the trial judge quashed a subpoena duces tecum for a videotape held by the real parties in interest, Mr. and Mrs. H. S., father and stepmother of the victim. The tape depicts the real parties in interest engaging in sex acts supposedly similar to the acts petitioner allegedly performed on the minor. Both petitioner and the minor viewed at least part of the tape before the alleged crimes occurred. Nevertheless, the real parties in interest were successful in convincing the trial court the tape was protected by the marital privilege. Initially, we agreed and summarily denied the petition seeking reversal of the order quashing the subpoenas. The Supreme Court granted review, transferred the matter to this court and directed we issue an alternative writ, which we did.

I

Petitioner is in custody awaiting trial on two counts of felony child molestation (Pen. Code, § 288, subds. (a) & (b)) with enhancement allegations (Pen. Code, § 1203.066, subds. (a)(1), (a)(2), (a)(8) & (a)(9)). He allegedly molested seven-year-old B. S. (herein the child) on…