People v. Torres CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Trial and First Appeal A description of the evidence presented at Torres’s and Garcia’s joint trial (before separate juries) appears in this court’s prior opinion. (Garcia, supra, H046635.) We incorporate into this opinion the account of the trial evidence set forth in our prior opinion. (Ibid.) In October 2018, the jury found Torres guilty of seven sexual crimes committed on or about and between January 1, 2017, and March 31, 2017, against four-year-old A. Doe (hereafter A.): sexual intercourse with a child 10 years of age or younger (§ 288.7, subd. (a); count 1), two counts of oral copulation or sexual penetration with a child 10 years of age or younger (§ 288.7, subd. (b); counts 3–4), and four counts of forcible lewd or lascivious act on a child under age 14 (§ 288, subd. (b)(1); counts 5–8). (Garcia, supra, H046635.) The jury failed to reach a verdict on an additional count of sexual intercourse with a child 10 years of age or younger (§ 288.7, subd. (a); count 2). The trial court declared a mistrial on that count and dismissed it. (Garcia, supra, H046635.) In December 2018, the trial court sentenced Torres to 25 years to life in prison…