People v. Torres CA4/3

STATEMENT OF FACTS AND PROCEDURAL HISTORY

I.

TORRES’S 1997 CRIMES AND GUILTY PLEA

Torres was born in Mexico in 1972 and came to the United States in 1989 or 1990, when he was approximately 17 or 18 years old. He fathered four children in the United States, who were born in 1990, 1993, 1995 and 1996.2 According to the factual basis for his guilty plea, on July 19, 1997, Torres raped his spouse using force and fear, inflicted corporal injury on her resulting in a traumatic condition, assaulted her with a belt, and had a usable quantity of cocaine in his possession. He was charged by the Orange

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 The record indicates Torres fathered two other children who are not American citizens, but no other information is provided about them, including, e.g., their whereabouts or the nature and strength of his relationship with them.

2 3 County District Attorney with four felonies and was facing a maximum prison sentence of eight years and eight months. In December 1997, Torres pleaded guilty to all four counts and was sentenced to the low term of three 4 years in prison for count 2, with 156 days of credit…