P. v. Martinez CA3
Given the nature of the instant appeal, we briefly summarize the facts supporting the conviction. We will expand upon facts necessary for the resolution of each issue as we address them.
In 2020, a second amended information charged defendant with one count of continuous sexual abuse of a child (Pen. Code, § 288.5, subd. (a)) (count 1) and three counts of lewd acts on a child under the age of 14 years (§ 288, subd. (a)) (counts 2, 3 & 4). The crimes were alleged to have occurred generally between 2005 and 2007 and were based on kissing, contact with J.E.’s vagina and J.E.’s contact with defendant’s penis.
Defendant, J.E.’s mother, their child Y.E., and J.E. lived together until 2018, although the parents divorced in 2014. Defendant held himself out to be J.E.’s father. When J.E. was in high school, she found out defendant was her stepfather.
In May of 2019, J.E. was about to graduate from college.
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