P.

P. v. Arciga CA4/2

Good Law
Court of Appeal of CaliforniaMay 8, 2013E054961California2,101 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.