P. v. Torres
After Secundino Teodoro Torres waived his right to a jury trial, the trial court found him guilty of nine counts of forcible lewd acts on a child (Pen. Code, § 288, subd. (b)(1));[1] 18 counts of lewd acts on a child (§ 288, subd. (a)); two counts of employing a minor to perform prohibited acts (§ 311.4, subd. (c)); and one count of possessing matter depicting a person under the age of 18 in sexual conduct (§ 311.11, subd. (a)). The trial court sentenced Torres to prison for 94 years eight months.
Torres contends (1) that insufficient evidence supports a finding of guilt on each of the forcible lewd act counts; and (2) the trial court erred in imposing consecutive sentences on certain of the counts. We conclude that as to counts 16 and 17, the convictions are not supported by substantial evidence, and we will reduce those counts to the lesser included offense of nonforcible lewd acts on a child in violation of section 288, subdivision (a). We further conclude that the trial court erred in determining that counts 13, 14 and 15 require mandatory full-term consecutive sentences under section 667.6, subdivision (d). We therefore vacate the sentence in this matter and remand for resentencing.
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