California v. MartinezAnnotate this Case
A jury convicted Jose Martinez of continuous sexual abuse of a child under the age of 14. The court sentenced him to twelve years in prison. The court separately ordered him to pay the victim $150,000 in restitution for noneconomic damages (noneconomic restitution). Martinez appealed, arguing his conviction should have been reversed because the trial court prejudicially erred by failing to suppress his statements to police, by admitting the recorded forensic interviews of the victim, and by declining to give the jury his entire proposed special jury instruction on innocuous touching. In addition, Martinez argued the restitution order should have been reversed because the court lacked statutory authority to award the victim noneconomic restitution. In the published portion of the opinion the Court of Appeal held the trial court did not err in awarding the victim noneconomic restitution. In the remaining portions of the opinion, the Court of Appeal explained why it was unpersuaded by Martinez's other contentions and, consequently, affirmed the trial court's judgment.