People v. Ortez CA2/4

INTRODUCTION

A jury found defendant guilty of lewd and lascivious conduct against his girlfriend’s seven-year-old daughter. On appeal, defendant argues the trial court erred in admitting evidence of his uncharged sexual abuse of two other children more than 20 years prior. He also contends the trial court should not have allowed the jury to watch a video interview of the victim conducted after the abuse was reported to the police. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

This action was instituted against defendant and appellant Manuel Ortez (“Ortez”) on January 2, 2019. In an amended information filed on March 17, 2022, Ortez was charged with one count of lewd and lascivious conduct upon Esmeralda G. (Esmeralda), a child under the age of 14, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of himself or the child (Pen. Code, § 288, subd. (a)). The crime was alleged to have occurred between July 1, 2015, and July 8, 2015. At that time, Esmeralda was seven years old and lived with her mother and brother. Ortez was dating Esmeralda’s mother and had moved into the family home. In July 2015, Esmeralda’s father took her to the Van…