People v. Martinez CA6

STATEMENT OF THE CASE

An information charged defendant Ricky Martinez with one count of oral copulation or sexual penetration with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (b); count 1) and two counts of lewd or lascivious conduct on a child under the age of 14 by force, violence, duress, menace, or fear (Pen. § 288, subd. (b)(1); count 2 and count 3.) A jury convicted defendant on counts 1 and 2 and acquitted him on count 3. The trial court sentenced defendant to a prison term of 15 years to life consecutive to six years. Defendant now appeals from the judgment of conviction. Defendant makes four arguments in favor of reversal: 1) the trial court erred in admitting opinion testimony regarding his guilt and the victim’s credibility; 2) the trial court erred in failing to give a limiting instruction pertaining to that opinion testimony; 3) defense counsel rendered ineffective assistance in failing to ensure that the trial court gave a limiting instruction regarding the opinion testimony; and 4) cumulative error warrants reversal. As set forth below, we affirm.

STATEMENT OF THE FACTS

The victim named in the information was Cessaria Doe.1 Defendant is a cousin…