People v. Martinez CA4/3

INTRODUCTION

Defendant Claudio Huerta Martinez was convicted of three counts of sex offenses against a minor. On appeal, defendant argues that his convictions must be reversed because a juror, in violation of the court’s instructions, conducted independent research regarding punishment, constituting prejudicial juror misconduct. Having reviewed the record independently, we conclude that, even if misconduct occurred, it was not prejudicial. We therefore affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

All acts of molestation by defendant against the victim occurred when the victim was between six and eight years of age. The victim was a friend of defendant’s son. She would go to defendant’s apartment to play video games or play outside with defendant’s son. When the victim was about six years old, defendant began molesting her. On the first occasion, defendant grabbed the victim, who was sitting on the floor playing video games, and pulled her onto a bed. Defendant touched the victim’s chest through her shirt, removed his own pants, and told the victim to be quiet and not to be scared. On that occasion, defendant did not sexually penetrate the victim. Another time, defendant…