People v. Torres CA4/1

INTRODUCTION

The San Diego County District Attorney filed an information charging Miguel

Angel Torres with four counts of committing a lewd and lascivious act upon his

stepdaughter (the victim), a child under the age of 14 years (Pen. Code, § 288, subd. (a),

hereafter Pen. Code, § 288(a)), and alleging that Torres committed each offense between

January 1, 2011 and October 16, 2012. Specifically, in counts 1 and 2 the information

alleged that he touched the victim's legs two times during that time period: a "first time"

(count 1) and a "last time" (count 2). In counts 3 and 4 the information alleged that

Torres touched the victim's stomach two times during that period: a "first time" (count 3)

and a "last time" (count 4). Thus, counts 1 and 3 were the "first-time" counts, and counts

2 and 4 were the "last-time" counts.

As to each of the four counts, the information alleged that Torres was previously

convicted of Penal Code section 288(a) within the meaning of Penal Code section 667.61,

subdivisions (a), (c) and (d) (which, under subdivision (a), would increase the

punishment for each count to a state prison term of 25 years to life).

The information also…