People v. Martinez CA3

BACKGROUND

The Sacramento County District Attorney charged defendant in count one with assault of a minor with intent to commit rape (§ 220, subd. (a)(2)) and in count two with sexual battery of a restrained person (§ 243.4, subd. (a)). The trial court, with no objection from the parties, later expanded on count one in its jury instructions to include “assault with intent to commit a forcible sex act, rape, digital penetration, and/or oral copulation.” These charges followed after defendant’s 14-year-old stepdaughter, S.D., accused him of sexual assault. According to S.D., defendant approached her while she was watching television and said he had a “big surprise.” He then pulled down his shorts to expose his erect penis, grabbed her hips and pulled her toward him, pulled down her

Further undesignated statutory references are to the Penal Code.

2 shorts and underwear to around her knees, and “slid his hand upwards” on her vagina. After S.D. screamed “no” several times and yelled for her sister, defendant pulled up his shorts and ran to the back door. S.D.’s sister heard the screams from the shower. Once S.D. explained that defendant had tried to rape her, S.D.’s sister…