Torres

People v. Torres

Good Law
23 Cal. App. 5th 185·232 Cal. Rptr. 3d 614
Court of Appeal of CaliforniaMay 10, 2018A146958California7,668 words

Opinion

lead Opinion

Banke, J.

*189 A jury convicted defendant Miguel Angel Torres of one count of second degree robbery causing great bodily injury ( Pen. Code, §§ 211, 12022.7, subd. (a) ), 1 five counts of digital penetration (§ 289, subd. (a)(1)(A)), one count of sexual battery by restraint (§ 243.4, subd. (a)), and one count of forcible rape (§ 261, subd. (a)(2)). The trial court then found defendant had four prior convictions and sentenced him to eight consecutive 25-years-to-life sentences, for a total of 246 years to life.

On appeal, defendant contends: (1) the evidence was insufficient to support the great bodily injury enhancement as to the robbery count; (2) the trial court abused its discretion in admitting irrelevant and prejudicial evidence; (3) the prosecutor committed misconduct during closing argument; (4) the trial court improperly imposed a life term for sexual battery by restraint; (5) the trial court improperly *616 imposed consecutive sentences for the digital penetration convictions; and (6) the trial court erred in failing to stay the sentence on the sexual battery conviction.

We affirm as to the first four issues, but conclude the trial court erred in ruling it was required under the…

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