People v. Torres CA2/6 ( 2024 )

Filed 5/17/24 P. v. Torres CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, 2d Crim. No. B331898
(Super. Ct. No. 1496645)
Plaintiff and Respondent, (Santa Barbara County)
v.
MATTHEW ROBERT TORRES,
Defendant and Appellant.
Matthew Robert Torres broke into the victim’s apartment
at night and orally copulated two minor children. A third
amended information charged Torres in count 1 with residential
burglary (Pen. Code,1 § 459) with an allegation that others were
present (§ 667.5, subd. (c)(21)); in count 2 with forcible lewd acts
on a child (§ 288, subd. (b)(1)); in counts 3 and 4 with lewd acts
(§ 288, subd. (a)); in count 5 with oral copulation with a child
under 14 years (former § 288a, subd. (c)(1); see § 287, subd.
1 All statutory references are to the Penal Code.
(c)(1))2; and in count 6 with oral copulation with a child under 10
years (§ 288.7, subd. (b)). As to counts 2 through 5, the
information alleged multiple victims, and the offenses were
committed during a first-degree burglary (§ 667.61, subds. (a),
(e)(4), (j)(1)-(2)).
Following a trial, the jury convicted Torres of all the
charges and found the allegations true.
The trial court sentenced Torres to a total term of life
without the possibility of parole, plus 50 years to life. The court
imposed, and stayed under Penal Code section 654, the midterm
of four years for the burglary. The court next imposed life
without the possibility of parole for the lewd acts charged in
count 2. As for the lewd acts charged in counts 3 and 4, the court
imposed a consecutive 25 years to life. The court imposed and
stayed a midterm sentence of six years for the oral copulation
offense charged in count 5. Finally, the court imposed a
concurrent 15 years to life term for the oral copulation offense
charged in count 6.
At sentencing, the trial court stated that the sentence was
mandatory, but it was too harsh and too long. We remanded the
matter to the trial court to determine whether the sentence
violates the Eighth Amendment’s ban on cruel and unusual
punishment. (People v. Torres (April 19, 2021, B298408)
[nonpub. opn.].) On remand, the trial court found that
considering Torres’s long criminal record and his inability to
reform his behavior, the sentence was warranted and did not
2 Effective January 1, 2019, the Legislature amended and
renumbered section 288a to section 287. (Stats. 2018, ch. 423,
§ 49.)
2
violate the Eighth Amendment. The court reimposed the same
sentence.
We appointed counsel to represent Torres in this appeal.
After counsel’s examination of the record, counsel filed an
opening brief raising no issues.
On March 27, 2024, we advised Torres by mail that he had
30 days within which to personally submit any contentions or
issues that he wished to raise on appeal. We have received no
reply.
We have reviewed the entire record and are satisfied that
Torres’s attorney has fully complied with her responsibilities and
that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d
436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
GILBERT, P. J.
We concur:
YEGAN, J.
BALTODANO, J.
3
Brian E. Hill, Judge
Superior Court County of Santa Barbara
______________________________
Jennifer A. Mannix, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.