Torres

Jaime Wilfredo Torres was convicted of 11 counts of rape (Pen. Code, § 261, former subd. (2), now subd. (a)(2) (Stats. 1986, ch. 1299, § 1, p. 4592; Stats. 1990, ch. 630, § 1, p. 3096); six counts of lewd or lascivious conduct with a child under the age of 14 (§ 288, subd. (a)); one count of oral copulation (§ 288a, subd. (c)); one count of continuous sexual abuse of a child (§ 288.5); and one count of forcible penetration (§ 289, subd. (a)). It was further alleged, and the jury found true, that the charges were filed after the limitations period specified in sections 800 and 801 had expired but within one year after the victims reported the crimes to a California law enforcement agency, and that the crimes involved substantial sexual conduct and were corroborated by independent evidence. (§§ 803, subd. (g), 1203.066, subd. (b).) The court sentenced appellant to state prison for a term of 45 years, and he filed a timely notice of appeal.

We granted rehearing, as to the issue raised in part VIII, because, before our decision became final, our Supreme Court filed its decision in People v. Johnson (2002) 28 Cal.4th 240 [ 121 Cal.Rptr.2d 197 , 47 P.3d 1064 ], disapproving…