People v. Ortiz
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Ortiz, born in 1960, was charged with 18 sex crimes committed against several minors in 2004-2018. In 2022, the jury found Ortiz guilty on multiple counts and found true the multiple-victim enhancement allegation. Ortiz was sentenced to an aggregate prison term of 225 years to life.
The court of appeal affirmed, rejecting arguments that the trial court erred by overruling Ortiz’s Code of Civil Procedure section 231.7 objection to the prosecutor’s use of a peremptory challenge against a Black prospective juror (S.H.). The record includes exchanges demonstrating S.H.’s inability to answer or understand questions, failure to answer questions, confusion, reluctance, timidity, and evasiveness. The trial court’s confirmation finding is supported by substantial evidence and the statutory explanation requirement was fulfilled. There was no violation of Ortiz’s constitutional rights. The court upheld the admission of testimony from a defense character witness about her daughter’s midtrial disclosure of molestation by Ortiz as probative of her opinion of Ortiz’s character and properly provided context for a change in her opinion. The CALCRIM 1193 jury instruction that expert testimony about child sexual abuse accommodation syndrome is not evidence that the defendant committed any crimes, was proper.
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