Garcia

Introduction

Defendant Chuncey Tarae Garcia was convicted of human trafficking and pimping a minor. Defendant’s 14-year-old victim (the minor) did not testify at defendant’s trial. Instead, the videotape of the minor’s conditional examination was played for the jury. Defendant argues that his constitutional rights to confrontation, cross-examination, and due process were violated. We disagree, and affirm the judgment.

The trial court did not err in releasing the minor from commitment as a material witness, under Penal Code section 1332, after permitting her conditional examination to be taken. Further, the court did not err in determining the minor was unavailable at trial, and in denying defendant’s request for the appointment of an expert witness to review the minor’s records and the recommendation of the minor’s therapist.

Statement of Facts and Procedural History

In February 2013, the minor was 14 years old, and living in Scottsdale, Arizona. She ran away from home, and obtained a job at a strip club by claiming she was 19 years old.

At the club, the minor met Cierra Robinson. Robinson told the minor she could make more money working as a prostitute than she…