P. v. Torres CA5
Appellant/defendant Jose Luis Torres was charged with attempted forcible commission of a lewd and lascivious act on his niece, a child under the age of 14 years (Pen. Code, §§ 664/288, subd. (b)(1)). He pleaded not guilty, and not guilty by reason of insanity, and the two trials were bifurcated.
At the guilt trial, the jury convicted defendant of the charged offense. At the bifurcated sanity phase, the same jury heard the evidence, but was deadlocked and a mistrial was declared. A new jury was impaneled for a second sanity trial, and that jury found defendant was sane when he committed the offense. Defendant was placed on probation for five years subject to certain terms and conditions.
On appeal, defendant contends there is insufficient evidence to support the jury’s findings of guilt on the substantive offense and that he was legally sane. He also contends the court failed to properly address his motion for new trial on the substantive offense. Defendant challenges se
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