P.
P. v. Arciga CA4/2
Opinion
Opinion
FACTS AND PROCEDURE
Until he was arrested in November 2010, defendant repeatedly sodomized his
young nephew (the child) over a number of years. These incidents took place at the
child’s home and at defendant’s home and ended when the child was eight years old.
On March 25, 2011, the People filed an information charging defendant with four
counts of engaging in sodomy with a child age 10 or younger. (Pen. Code, § 288.7, subd.
(a).) On September 19, 2011, the People filed an amended information charging these
same crimes and specifying that each took place “on or about January, 2009 through and
including November, 2010.”
The jury in defendant’s trial heard testimony on September 21, 2011. First, the
jury viewed a 49-minute videotape of the child’s Riverside Child Assessment Team
(RCAT) interview, which was also provided to them in a transcript. The child testified
briefly before and after the videotape. The transcript of the interview indicates the child
told the interviewer that defendant “touch[ed] [his] back part” “a lot of times” with
defendant’s “front part” and that the child had bled from there. This took place at night
2 and in the early morning, both at the…