Martinez

i

INTRODUCTION

A jury convicted Jose Villareal Martinez of continuous sexual abuse of a child under the age of 14 (Pen. Code, 1 § 288.5, subd. (a); count l). 2 The court sentenced him to 12 years in prison. The court separately ordered him to pay the victim $150,000 in restitution for noneconomic damages (noneconomic restitution).

Martinez appeals, contending we must reverse his conviction because the court prejudicially erred by failing to suppress his statements to police, by admitting the recorded forensic interviews of the victim, and by declining to give the jury his entire proposed special jury instruction on innocuous touching. He further contends we must reverse the restitution order because the court lacked statutory authority to award the victim noneconomic restitution.

In the published portion of the opinion we follow People v. McCarthy (2016) 244 Cal.App.4th 1096 [ 198 Cal.Rptr.3d 741 ] (McCarthy) and hold the court did not err in awarding the victim noneconomic restitution because section 1202.4, subdivision (f)(3)(F) (§ 1202.4(f)(3)(F)) authorizes such an award against a defendant convicted of violating section 288.5 if the conduct underlying the…