P. v. Martinez-Vasquez CA3
Defendant Efrain Amed Martinez-Vasquez appeals following conviction of two counts of lewd and lascivious acts on a child under age 14 (Pen. Code, § 288, subd. (a)), one count of oral copulation on a child age 10 or younger (§ 288.7, subd. (b)), and one count of first degree burglary (§ 459) with specific intent to commit an enumerated sex offense (§ 667.61, subd. (a)). The trial court sentenced defendant to 31 years to life.
Defendant contends: (1) the trial court erroneously admitted into evidence as a “ ‘fresh complaint’ ” a statement the victim made to her mother shortly after defendant was discovered in her bedroom wearing only his underwear; (2) the evidence was insufficient as to oral copulation, burglary, and specific intent to commit a sex offense at time of entry; (3) trial counsel was deficient in failing to object to admission of the videotaped interview of the victim by the Multidisciplinary Interview Center (MDIC); and (4) the trial court erred in sentencin
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