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Jury Rejects Sleep Walking Defense In Santa Rosa Sex Assault On Minor

SANTA ROSA (CBS SF) -- A Sonoma County Superior Court jury threw cold water on a Santa Rosa man's claim he was sleep walking when he sexually assaulted his 13-year-old stepdaughter.

The jury convicted 60-year-old Loren Rodriguez-Martinez on Wednesday of committing a lewd act on the girl in a Santa Rosa motel room on Aug. 4, 2014, Sonoma County District Attorney Jill Ravitch said.

The girl woke up from a nap to find Rodriguez-Martinez sexually assaulting her in the room where he lived. Rodriguez-Martinez later claimed he had been napping in a separate bed and had no memory of the assault, Ravitch said.

The defense presented testimony in Judge Gary Medvigy's courtroom from an expert witness who concluded Rodriguez-Martinez was sleep walking at the time of the assault.

Rodriguez-Martinez argued he was not conscious at the time and could not be convicted of the assault.

He faces a maximum eight-year prison term when he is sentenced April 21.

Ravitch said Rodriguez-Martinez abused his position of trust to gain access to the girl and sexually assault her.

© Copyright 2015 by CBS San Francisco and Bay City News Service. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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