People v. Torres CA5

Filed 9/17/24 P. v. Torres CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087742 Plaintiff and Respondent, (Super. Ct. No. MCR0066449B) v.

MARCIANO TORRES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. James E. Oakley, Judge. Matthew J. Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Franson, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This appeal is from a final judgment following a guilty plea that finally disposes of all issues between the parties. (Cal. Rules of Court,1 rule 8.304(b); Pen. Code,2 § 1237.5.) STATEMENT OF THE CASE On August 3, 2021, Marciano Torres was charged by information with the following offenses against Brenda Doe, all of which allegedly occurred between March 27, 2018 and May 14, 2020: Sexual intercourse by a person 18 years of age or older with a child 10 years of age or younger (“the first time”) (§ 288.7, subd. (a)); count 1); sexual intercourse by a person 18 years of age or older with a child 10 years of age or younger (“the last time”) (§ 288.7, subd. (a)); count 2); sodomy by a person 18 years of age or older with a child 10 years of age or younger (“the first time”) (§ 288.7, subd. (a)); count 3); sodomy by a person 18 years of age or older with a child 10 years of age or younger (“the last time”) (§ 288.7, subd. (a)); count 4); committing a lewd or lascivious act upon or with the body of a child under the age of 14 years (“the first time the defendant made Brenda Doe touch his penis”) (§ 288, subd. (b)(1)), count 5); and committing a lewd or lascivious act upon or with the body of a child under the age of 14 years (“the last time the defendant made Brenda Doe touch his penis”) (§ 288, subd. (b)(1)), count 6). On February 5, 2024, pursuant to the terms of a plea agreement, Torres pled guilty to the two charges of committing a lewd or lascivious act (counts 5 and 6) and admitted the aggravating factor as to each count that the victim was particularly vulnerable (rule 4.421(a)(3)) in exchange for a stipulated term of 10 years of imprisonment on each count (the upper term for the offense), to be fully consecutive (§ 667.6, subd. (d)), for an