People v. Martinez CA4/3

FACTS

The Incident Gloria was 15 years old when she testified in October 2013. In May 2012 Gloria went to the home of her friend, Jazmin M. to celebrate Jazmin’s 14th birthday. Gloria, Jazmin and Julia, another friend from school, were in Jazmin’s bedroom watching movies. At some point, Julia had to go home, so Jazmin took her downstairs while Gloria stayed in the bedroom to finish watching a movie. Jazmin was gone for about 20 minutes, and when she returned, she looked scared, panicked, frightened, was shaking, crying, breathing hard and couldn’t talk, according to Gloria. Gloria asked Jazmin what happened, and Gloria testified Jazmin told her, “the security guard from outside was talking to her, but then things started getting really weird so she went upstairs and he chased after her.” “She told me that he started touching her and started kissing her, and then when he heard footsteps coming down the stairs he let her go.” At that point, the court advised the jury Jazmin’s statements to Gloria were not to be considered for their truth, but to show whether there

2 was a complaint made, the nature of the complaint and the circumstances under which the complaint was made. Gloria…