P.

Filed 3/14/13 P. v. Martinez CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C068863

Plaintiff and Respondent, (Super. Ct. No. SF113022A)

v.

MANUEL MARTINEZ,

Defendant and Appellant.

Defendant Manuel Martinez was charged with molesting two of his daughter’s friends, H. and R. A jury found him guilty of two counts of committing lewd acts on H. and one count of annoying or molesting R. (which was when R. participated in giving defendant a back massage). On appeal, defendant raises the following four contentions: (1) there was insufficient evidence he annoyed or molested R.; (2) the court erred in excluding the testimony of H.’s fifth grade teacher; (3) the court erred in admitting…