P.

P. v. Herrarte CA2/5

Good Law
Court of Appeal of CaliforniaMay 31, 2013B240315California3,765 words

Opinion

Opinion

I. INTRODUCTION

A jury convicted defendant, Carlos Enrique Herrarte, of 21 sex offenses against 5 victims. He was sentenced to 270 years to life in state prison. We reverse the sentence in part and modify the judgment in part.

II. THE EVIDENCE

A. R.

Defendant married R. and B.‘s mother in 1995. At the time, R. was eight years old. Defendant sexually abused R. from that time until she was in high school. He repeatedly—three to four times a week—inserted his finger into her vagina, orally copulated her, and forcibly raped her. At times defendant slapped her and threw her to the floor. In 2003, when R. was in tenth grade, her family moved into a house with another family. The other family had two young girls, Lorena and Rosario. After the move, defendant stopped having vaginal sex with R., but he continued to touch her breasts and vagina. Defendant had a bad temper and R. was afraid of him. If his abuse was revealed, defendant repeatedly threatened to harm R.‘s mother. Defendant was removed from the home when R. was 18.

B. B.

Defendant also sexually abused R.‘s younger sister, B. Beginning when B. was eight or nine years old, defendant repeatedly touched her breasts and vagina.…

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