Full title: THE PEOPLE, Plaintiff and Respondent, v. TRINIDAD MARIN, Defendant and…
Court: California Court of Appeals, Second District, Sixth Division
Date published: Jan 12, 2009
Facts:
Trinidad Marin was convicted by a jury of sexual misconduct with two minors: his sister-in-law, R.R., and his daughter, J.M. The incidents occurred between 1988 and 1997. Marin was aware of the allegations in 1997 but was not arrested until 2006. He was subsequently tried and convicted. Marin raised several issues on appeal, including pre-arrest delay, evidentiary rulings, jury instructions, and the sufficiency of evidence for certain charges.
Issue:
Whether the defendant’s right to a speedy trial was violated due to pre-arrest delay, and whether various evidentiary rulings and jury instructions during the trial were erroneous.
Decision:
The court affirmed Marin’s conviction on most counts but vacated one count of continuous sexual abuse (count 6). The court found that Marin failed to demonstrate prejudice resulting from the pre-arrest delay, thus rejecting his claim of a violation of his right to a speedy trial. Additionally, the court upheld the trial court’s evidentiary rulings, finding no abuse of discretion. The court also rejected Marin’s argument regarding the sufficiency of evidence for extending the statute of limitations for certain charges. However, the court agreed with Marin and the prosecution that count 6 should be dismissed due to the defendant’s conviction on alternative lesser specific offenses charged in other counts.