People v. Torres CA2/6

Filed 5/17/24 P. v. Torres CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B331898 (Super. Ct. No. 1496645) Plaintiff and Respondent, (Santa Barbara County)

v.

MATTHEW ROBERT TORRES,

Defendant and Appellant.

Matthew Robert Torres broke into the victim’s apartment at night and orally copulated two minor children. A third amended information charged Torres in count 1 with residential burglary (Pen. Code,1 § 459) with an allegation that others were present (§ 667.5, subd. (c)(21)); in count 2 with forcible lewd acts on a child (§ 288, subd. (b)(1)); in counts 3 and 4 with lewd acts (§ 288, subd. (a)); in count 5 with oral copulation with a child under 14 years (former § 288a, subd.…