California v. Torres

A jury convicted Antonio Torres of two counts of committing a lewd act with a minor under 14 years old, and found true the allegations that he had substantial sexual conduct with the minor. The court sentenced him to a total term of eight years and ordered him to pay various fines and fees, including victim restitution. Torres' appointed appellate counsel presented no argument for reversal, but asked the Court of Appeal to review the record for error on whether: (1) defense counsel was ineffective for failing to raise Miranda1 and voluntariness of confession issues; (2) sufficient evidence supported the lewd conduct and substantial sexual conduct findings; (3) the trial court erred by admitting a forensic interview into evidence; (4) the court erred when it gave the jury a pinpoint instruction defining masturbation; (5) the court erred by imposing the middle term sentence rather than the lower term sentence; and (6) the court erred by imposing consecutive sentences. The Court concluded that while the interrogation was not custodial when it began, the totality of the circumstances showed that it became custodial, and Torres should have received Miranda warnings when the detectives essentially told Torres that they would not leave, and he could not go home, until Torres told them the truth based on the evidence they had against him. The Court also concluded Torres would have prevailed on a suppression motion, and that the failure to file a suppression motion was prejudicial. Therefore, the Court reversed the judgment based on ineffective assistance of counsel. Accordingly, it was unnecessary for the Court to consider the other issues raised. View "California v. Torres" on Justia Law