Uribe

Defendant Agustin Santillah Uribe was convicted following a jury trial of two counts of aggravated sexual assault of a child (Pen. Code, §§ 269, 261, subd. (a)(2)), and two counts of lewd or lascivious acts on a child (§ 288, subd. (a)). The sex crimes involved defendant’s granddaughter, Anna Doe (Anna). The court denied defendant’s two separate motions for new trial and sentenced defendant to a term of 30 years to life, consecutive to eight years in prison.

Defendant contends that his first new trial motion should have been granted because the prosecution’s nondisclosure of a videotape of a medical examination of Anna—an examination commonly (and hereafter) referred to as a SART (sexual assault response team) exam—constituted prejudicial Brady error (Brady v. Maryland (1963) 373 U.S. 83 [ 10 L.Ed.2d 215 , 83 S.Ct. 1194 ]). (Hereafter, this videotape is sometimes referred to as the SART video.) He contends further that, irrespective of whether the nondisclosure constituted Brady error, the SART video constituted newly discovered evidence that warranted the granting of defendant’s first new trial motion.

Defendant also argues that Anna’s posttrial execution of a…