COURT OF APPEALS OF VIRGINIA Present: Judges Athey, Chaney and Lorish UNPUBLISHED Argued at Richmond, Virginia EMER GONZALEZ-ESTRADA, SOMETIMES KNOWN AS EMER GONZALEZ ESTRADA MEMORANDUM OPINION* BY v. Record No. 0033-22-2 JUDGE VERNIDA R. CHANEY MAY 30, 2023 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Clarence N. Jenkins, Jr., Judge Aaron C. Forstie, Senior Assistant Public Defender, for appellant. Matthew P. Dullaghan, Senior Assistant Attorney General (Jason S. Miyares, Attorney General, on brief), for appellee. Following a jury trial in the Circuit Court of the City of Richmond (circuit court), Emer Gonzalez Estrada (Estrada) appeals three felony convictions for aggravated sexual battery in violation of Code § 18.2-67.3 and three felony convictions for taking indecent liberties with a child in violation of Code § 18.2-370. Estrada contends on appeal that the circuit court erred in (1) denying his motion to suppress statements obtained in violation of his Miranda v. Arizona, 384 U.S. 436 (1996), rights, (2) denying his motion in limine to exclude irrelevant and unduly prejudicial photographs of the complaining witnesses, and (3) denying his motion to strike based on the inherent unreliability of the Commonwealth’s evidence. Finding no error in the circuit court’s judgment, this Court affirms Estrada’s convictions. * This opinion is not designated for publication. See Code § 17.1-413. BACKGROUND “In accordance with familiar principles of appellate review, the facts will be stated in the light most favorable to the Commonwealth, the prevailing party” in the circuit court. McGowan v. Commonwealth, 72 Va. App. 513, 516 (2020) (quoting Gerald v. Commonwealth, 295 Va. 469, 472 (2018)). This Court “regard[s] as true all credible evidence favorable to the Commonwealth and all inferences that may reasonably be drawn from that evidence.” Id. (citing Gerald, 295 Va. at 473). A. Estrada’s Sexual Abuse of His Children For approximately eight years, from around 2007 to 2015, Estrada frequently sexually abused his daughter, L.G. For approximately seven years, from around 2011 to 2018, Estrada frequently sexually abused his son, O.T.1 O.T. is a year older than L.G., and they were born to two different mothers. O.T. and L.G. resided in separate residences with their mothers and had overnight visits with Estrada on weekends.2 Estrada sexually abused L.G. from the time she was 5 or 6 years old until she was around 12, when she refused to visit Estrada’s home. The sexual abuse of L.G. included manually touching each other’s genitals on multiple occasions. From the time O.T. was 10 or 11 years old until he was 17, Estrada sexually abused him many times—probably more than a hundred times. The sexual abuse of O.T. included multiple acts of oral and anal sex. At times, Estrada sexually abused O.T. and L.G. when they were all together in the same bed or in the shower. 1 To protect the victims’ privacy, they are identified by initials throughout this opinion. 2 For a brief period when O.T. was a teenager, O.T. and his mother resided in the same home with …
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