People v. Martinez CA2/1

BACKGROUND

I. The Information

In an information filed on August 20, 2019, defendant was charged with oral copulation/sexual penetration with child under 10 in violation of section 288.7, subdivision (b) (count 1) and lewd act upon a child in violation of section 288, subdivision (a) (counts 2 and 3).2 Section 667.61, subdivisions (b) and (e) multiple victim

1 All further statutory references are to the Penal Code unless otherwise noted. 2In the information, the counts were numbered 2, 3 and 4, and there was no count 1. The superior court later designated the count identified in the information as number 2 as “count 1,” the count identified in the information as number 3 as “count 2,”

2 allegations were alleged as to counts 2 and 3. Counts 1 and 3 alleged violations occurring between May 22, 2014, and May 21, 2016, against E.J.; count 2 alleged a violation occurring on August 5, 2018, against J.J. Defendant pled not guilty to all counts.

II. The Trial

A. Prosecution Case 1. E.J.’s and J.J.’s Family Was Close to Defendant’s Family E.J. was born in 2008 and J.J. was born in 2012. Defendant was born in 1994. Defendant is known as “Junior.” Defendant lived with his…