People v. Santiagovictoria CA6

Filed 2/27/13 P. v. Santiagovictoria CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H037766

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC955334)

v.

ZOSIMO JULIAN

SANTIAGOVICTORIA,

Defendant and Appellant.

A jury convicted defendant Zosimo Julian Santiagovictoria of four felony counts related to the sexual molestation of his five-year-old niece (M.). Defendant argues on appeal that he was denied due process of law because the trial judge did not recuse herself from ruling upon M.’s competence to testify at trial after having ruled upon the same issue at the preliminary hearing 18 months earlier. He also argues, on both constitutional and statutory grounds, that the trial court erred in…