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PEOPLE v. ROBERTO V.

No. B142127.

113 Cal.Rptr.2d 804 (2001)

93 Cal.App.4th 1350

The PEOPLE, Plaintiff and Respondent, v. ROBERTO v. Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

November 28, 2001.

Attorney(s) appearing for the Case

Randy Short, under appointment by the Court of Appeal, Torrance, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and Paul M. Roadarmel, Jr., Deputy Attorney General, for Plaintiff and Respondent.

ALDRICH, J.

A jury convicted appellant Roberto V. of eight counts of committing lewd acts upon his two young daughters, three-year-old Maria and seven-year-old Stephanie. Maria, who was four years old at the time of trial, did not testify. Over appellant's objection, the trial court admitted the girls' mother's testimony about Maria's out-of-court statements pursuant to Evidence Code section 1360. That section creates...

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