People v. Torres CA5

STATEMENT OF THE CASE

On August 3, 2021, Marciano Torres was charged by information with the following offenses against Brenda Doe, all of which allegedly occurred between March 27, 2018 and May 14, 2020: Sexual intercourse by a person 18 years of age or older with a child 10 years of age or younger (“the first time”) (§ 288.7, subd. (a)); count 1); sexual intercourse by a person 18 years of age or older with a child 10 years of age or younger (“the last time”) (§ 288.7, subd. (a)); count 2); sodomy by a person 18 years of age or older with a child 10 years of age or younger (“the first time”) (§ 288.7, subd. (a)); count 3); sodomy by a person 18 years of age or older with a child 10 years of age or younger (“the last time”) (§ 288.7, subd. (a)); count 4); committing a lewd or lascivious act upon or with the body of a child under the age of 14 years (“the first time the defendant made Brenda Doe touch his penis”) (§ 288, subd. (b)(1)), count 5); and committing a lewd or lascivious act upon or with the body of a child under the age of 14 years (“the last time the defendant made Brenda Doe touch his penis”) (§ 288, subd. (b)(1)), count 6). On February 5, 2024, pursuant to the terms…