In re Torrez
Following a court trial, the court found defendant Adam Torrez guilty of 19 counts of lewd conduct on a child under 14 (Pen. Code, 288, subd. (a)), and one count of substantial sexual conduct with a child under 14 ( 288.5, subd. (a)), and also found true allegations that defendant had substantial sexual conduct with the victim, Carlos A., within the meaning of section 1203.066, subdivision (a)(8), as to all counts. The court also found defendant guilty of one count of committing a lewd act on a child under 14, and one count of substantial sexual conduct with a child under 14, and found true allegations that defendant had substantial sexual conduct with the victim, Jane Doe, as to both counts. The court sentenced defendant to a life term plus 66 years in state prison. This court affirmed the judgment on appeal. (People v. Torrez (July 18, 2003, H021287) [nonpub. opn.]), and the Supreme Court denied defendants petition for review.
Defendant subsequently filed a petition for writ of habeas corpus in the trial court, contending that he was denied his right to effective assistance of trial counsel. The trial court issued an order to show cause. Following an evidentiary hearing, the trial court denied defendants petition with respect to the 20 counts involving Carlos, but granted the petition as to the two counts involving Jane. It therefore set aside the judgment and ordered a new trial as to those counts only.
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