People v. Alvarez CA5

INTRODUCTION

Appellant Hector Cayetano Alvarez was convicted of two counts of forcible lewd acts upon a child with aggravating circumstances, among other offenses. Appellant was sentenced to 25 years to life without possibility of parole. On appeal, he argues that substantial evidence does not support the jury’s finding that appellant kidnapped the victim in the course of committing the sexual assault pursuant to Penal Code1 section 667.61, subdivision (e)(1), because appellant did not move the victim a substantial distance. We affirm.

PROCEDURAL HISTORY

On January 13, 2023, the Kings County District Attorney filed an amended information charging appellant with two counts of forcible lewd acts upon a child under age 14 (§ 288, subd. (b)(1); counts 1, 2), dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1); count 3), meeting a minor for lewd purposes (§ 288.4, subd. (b); count 4), and resisting an executive officer (§ 69; count 5). The district attorney alleged aggravating circumstances pursuant to section 667.61, subdivision (e)(1), (3), and (5) (as to count 1) and section 667.61, subdivisions (e)(1), (3), and (d)(4) (as to count 2) and sought a sentence of life…