People v. Martinez CA1/5

I. BACKGROUND

Given the nature of the sole issue on appeal, a detailed recitation of the facts is unnecessary. Suffice it to say that over a several-year period, appellant sexually molested two nieces with whom he lived (Jane Doe 1 and Jane Doe 3), one of their cousins (Jane Doe 2) and a neighbor who came over to the house to play (Jane Doe 4). The conduct began when the girls were as young as seven or eight and continued until Jane Doe 1 (the eldest) was 16. The last assault was committed as Jane Doe 1 was preparing to go to work. Appellant forced her into his room and had sexual intercourse with her. Later, Jane Doe 1 told a friend that she had lost her virginity to her uncle, and that the sexual contact had been happening since she was younger. The friend told her own father, who called the police. Detectives Barrera and Keown interviewed appellant, assisted by Detective Dodd, who had interviewed three of the victims. After appellant admitted having videos of the child victims on his cell phone, the detectives searched the phone and discovered several explicit videos of Jane Doe 1. One video appeared to depict Jane Doe 1 and appellant having sex, although it did not show…