P. v. Mariant CA6
Defendant David Brian Mariant was convicted by a jury of continuous sexual abuse of a child (Pen. Code, § 288.5) and lewd conduct with a minor aged 14 or 15 years (§ 288, subd. (c)(1)). He was sentenced to a total term of 14 years in prison. On appeal, he argues: (1) the trial court erred when it excluded a videotape depicting him in a manic state around the time the victim, his oldest daughter (J.), reported the abuse, (2) the trial court erred when it admitted e-mails containing explicit descriptions of his prior sexual acts with other adults, (3) his trial counsel was ineffective for failing to exclude the statements he made during a pretext call with J. as involuntary, and (4) CALCRIM No. 1110, which was given to the jury, contained an error that negated one of the elements of section 288, subdivision (c)(1). Additionally, defendant asks that this court independently review J.’s therapist’s files to determine if all properly discoverable evidence was given to the defense
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