People v. Cortes CA4/2

INTRODUCTION

Defendant Noe Ivan Cortes sexually molested his biological daughter, Jane Doe,

for four years, beginning when she was 14 years old. A jury convicted him of seven

counts of lewd and lascivious acts (Pen. Code, § 288, subd. (c)(1))1 and four counts of

rape. (§ 261, subd. (a)(2).) The court sentenced him to a total term of 40 years eight

months in prison.

On appeal, defendant asserts “[t]he rulings of the trial court impaired the ability of

the defense to challenge the credibility of the complaining witness,” contending that the

investigating sheriff’s detective acted inappropriately and Jane Doe recanted twice and

lacked credibility. Defendant argues the trial court committed two types of evidentiary

error, culminating in cumulative error. Defendant also requests this court conduct a

Pitchess2 review. We reject defendant’s claims and affirm the judgment.

II

FACTUAL AND PROCEDURAL BACKGROUND

A. Prosecution Evidence

Jane Doe was born in 1993 and was 19 years old when she testified in 2013.

Defendant is married with three biological children. Jane Doe is his fourth biological

All statutory references are to the Penal Code unless otherwise indicated.

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