People v. Torres CA2/3

INTRODUCTION

A jury convicted defendant Ismael Torres of three counts of engaging in sexual intercourse with a ten-year-old child. Torres’s sole contention on appeal is that the trial court erred in admitting statements the victim made during the investigation that were inconsistent with her testimony at trial. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Investigation In 2012, Torres lived in an apartment with his girlfriend J., their three children, and J.’s then ten-year-old daughter from a previous relationship, Dana. On October 27, 2012, Dana told J. that Torres had forced her to have sex with him two weeks earlier while J. was out of the apartment. J. immediately reported the incident to the South Gate Police Department. The night J. called the police, Dana was interviewed by South Gate Police Officer Jason Camacho. Dana told Camacho that Torres would “touch” her every time J. left her alone with him. She described an incident that occurred about two weeks earlier in the family’s apartment. After J. left the apartment, Torres told Dana’s siblings to leave the living room and not come out until he told them to. He then grabbed Dana, laid her on her back, removed…