P. v. Santiagovictoria
A jury convicted defendant Zosimo Julian Santiagovictoria of four felony counts related to the sexual molestation of his five-year-old niece (M.). Defendant argues on appeal that he was denied due process of law because the trial judge did not recuse herself from ruling upon M.’s competence to testify at trial after having ruled upon the same issue at the preliminary hearing 18 months earlier. He also argues, on both constitutional and statutory grounds, that the trial court erred in admitting into evidence M.’s preliminary hearing testimony and her pretrial interview with law enforcement. Finding no error, we shall affirm.
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