People v. Torres CA4/1

Filed 7/18/25 P. v. Torres CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082844

Plaintiff and Respondent,

v. (Super. Ct. No. SCE408553)

RAUL ALVAREZ TORRES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Patricia K. Cookson, Judge. Affirmed. Patricia L. Brisbois, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Senior Assistant Attorney General, Robin Urbanski, Supervising Deputy Attorney General and Anastasia Sagorsky, Deputy Attorney General for Plaintiff and Respondent. A jury convicted Raul Alvarez Torres of multiple sex offenses against his daughter A.A.: continuous sexual abuse of a child under age 14 (Pen.

Code,1 § 288.5, subd. (a); count 1), nine counts of forcible lewd acts upon a child under the age of 14 (§ 288, subd. (b)(1); counts 2-10), and two counts of committing a lewd act with a child the age of 14 or 15 (§ 288, subd. (c)(1); counts 11 and 12). It found true allegations as to counts 1 through 10 that the conduct occurred when A.A. was under the age of 18 and that the criminal action commenced before A.A.’s 40th birthday (§ 801.1, subd (a)); as to counts 2 through 10 that defendant used force, violence, duress, menace or fear of immediate and unlawful bodily injury (§ 1203.066, subd. (a)(1)); and as to counts 1 through 6, 9 and 10 that defendant had substantial sexual conduct with A.A. (§ 1203.066, subd. (a)(8)). The court sentenced defendant to a total prison term of 66 years, consisting of a 12-year midterm on count 1, six-year consecutive midterms on counts 2 through 10 and two-year midterms on counts 11 and 12, concurrent to each other and to counts 1 through 10. Defendant contends his lewd act conviction on count 12—based on allegations that he had orally copulated A.A. “[o]n or about and between the dates of March 3, 2013[,] and March 2, 2014”—is unsupported by evidence that he committed that offense within that date range, when A.A. was 15 years old. We reject the contention and affirm the judgment. FACTS A.A.’s Trial Testimony A.A. was born in March 1998, and was age 25 at the time of trial. She testified that defendant, her biological father, began touching her inappropriately when she was four years old until she was 14 years old. According to A.A., he would put his hand on her vagina and other parts of her body regularly, sometimes daily and sometimes two to four times a week.