People v. DeLaTorre CA5

INTRODUCTION

Following a jury trial, defendant Albert DeLaTorre was convicted of attempted oral copulation by force or violence on N.M. (count 1) (Pen. Code, § 664 & former § 288a, subd. (c)(2))1 2 and convicted of a lewd and lascivious act upon N.M., who was 15 at the time and at least 10 years younger than defendant (count 2) (§ 288, subd. (c)). Prior to the jury being sworn, defendant admitted he had suffered a prior strike conviction (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)). Defendant filed a motion to strike the prior strike conviction (§ 1385), which the court denied. Defendant was sentenced on count 1 to eight years and on count 2 to one year four months for a total term of nine years four months. During the trial, N.M. testified a family meeting occurred around Christmas in 2010. Present at the meeting were N.M., defendant, N.M.’s mother (Lynn), N.M.’s stepbrother (Joshua) and his girlfriend. N.M. testified she informed these individuals about defendant’s molestation of her. The following day after N.M. gave this testimony, defense counsel sought leave from the trial court to cross-examine her regarding the true topic of the family meeting, i.e., that N.M. was…