P. v. Martinez CA2/8

Filed 4/29/13 P. v. Martinez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B240574

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA050528) v.

CHRISTOPHER J. MARTINEZ,

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County. Hayden Zacky, Judge. Affirmed.

Alan Macina, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Susan Sullivan Pithey and Louis W. Karlin, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Christopher J. Martinez was convicted by jury of three counts of having sex with a child under the age of 10 (Pen. Code, § 288.7, subd. (a)) and one count of committing a lewd act on a child under the age of 14 (Pen. Code, § 288, subd. (a)). Defendant was sentenced to an aggregate state prison term of 83 years to life. Defendant contends on appeal the trial court committed reversible error by refusing his request, on the morning of the sentencing hearing, to discharge his retained counsel and have substitute counsel appointed. Defendant also argues he was denied the effective assistance of counsel because his attorney failed to move to sever the trial of the charges involving the two separate victims. We find no error and affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2009, defendant was in a relationship with Sylvia M. (mother) and had fathered two of her children, a son and a daughter (J.M.). Mother had another daughter (A.G.) from a previous relationship. In the summer of 2010, J.M., who was 11 years old at that time, was staying with her godmother. During this visit, J.M. told her godmother that defendant (her father) had sexually abused her. The godmother and her husband took J.M. to the sheriff‟s department to report the abuse. J.M. was interviewed by Detective Eliott Uribe, a then- 19-year veteran of the department. During the interview, J.M. said defendant first forced himself on her in 2009 when she was nine years old. Defendant would have sex with J.M. and then tell her to shower after he was done. It happened multiple times, including at least two or three times when he picked her up from school and took her to a local motel. Detective Uribe also interviewed J.M.‟s older half-sister, A.G., as part of his investigation. A.G. disclosed to him that, in 2002 when she was about nine years old, defendant (her stepfather) had touched her vagina once, and several months later, unzipped his pants and tried to put his penis in her face or into her mouth, but she kept turning her head away and he eventually stopped. Defendant was charged by information with three counts (1, 2 and 4) of having sex with a child under the age of 10 (victim J.M.) in violation of Penal Code section