P. .v Torres CA5

Filed 2/20/14 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F065523 Plaintiff and Respondent, (Super. Ct. No. BF139470A) v.

HECTOR HUGO TORRES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John S. Somers, Judge. Law Offices of Benjamin R. Greene and Thomas W. Casa for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Janet E. Neeley, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

Defendant Hector Hugo Torres was convicted by a jury of felony unlawful sexual intercourse with a minor (Pen. Code, § 261.5, subd. (c))1 based on consensual sexual intercourse with his first cousin.2 The trial court sentenced him to three years’ felony probation with one year in county jail and ordered him to register as a sex offender. On appeal, defendant contends the trial court abused its discretion by ordering him to register as a sex offender. We will reverse the registration order and remand for reconsideration. BACKGROUND In the summer of 2009, the cousin’s family visited defendant’s family in Texas. The cousin was 15 years old. Defendant was about seven years older. They had not seen each other in years and did not really know each other. Defendant had a girlfriend and two children, and they lived together with defendant’s mother. After two weeks, the cousin’s family left, but the cousin remained with defendant’s family for the rest of the summer. A few days after her family left, the cousin went with defendant to a park. He told her he liked her and was attracted to her. He kissed her. She was shocked and did not know what to say. When they went back to the house, he told her to act normally so no one would notice what had happened. The next morning, he came into her room and woke her up. He took off her pants, pulled down his pants, and put his penis in her vagina. They were quiet, but when they thought they heard someone, he left the room and went into the living room with his mother. The cousin was shocked and nervous, but she acted as though nothing had happened.