HERTZIG

People v. HERTZIG

Good Law
156 Cal. App. 4th 398·2007 Cal. App. LEXIS 1744·67 Cal. Rptr. 3d 312
Court of Appeal of CaliforniaOctober 24, 2007C053674California1,923 words

Opinion

Opinion

Raye, J.

While representing himself against charges he committed lewd and lascivious acts with his 6-year-old daughter and had sexual intercourse with his 15-year-old sister, defendant Timothy Donald Hertzig attempted to sever 10 counts of possessing child pornography. A jury convicted him on all charges. We agree with defendant that possession of multiple video images on his computer constituted a single count of possession, but in the unpublished portions of this opinion, we reject his contentions that the trial court abused its discretion by denying his request for severance, refusing to allow him to withdraw his waiver of the right to counsel, and by admitting evidence of prior acts of molestation.

FACTS

The prosecution presented a chronology portraying a disturbing pattern of defendant’s sexual exploitation of young girls. It began in 1996 when defendant, then 18, put his hand in the shirt of his friend’s 14-year-old sister and then down her pants. She reported the incident to the police.

In 1998 defendant’s sister, Kelly, told his then girlfriend, Debbie, that defendant had touched her breasts and genitals. Debbie also reported the incident. When interviewed, 10-year-old…

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