A Poteet man who was convicted in 2014 of sexually assaulting a family member in 2012 was recently resentenced to state prison.
On Aug. 7, 207th District Court Visiting Justice Dan Mills sentenced Anthony Jesus Torres, 49, to 20 years for sexual assault, the Comal County Criminal District Attorney’s office said on Wednesday. In October 2014, a Comal County jury was convicted Torres of two felonies in the sexual assault of a San Antonio woman who had passed out in his bed after celebrating her 21st birthday.
The jury convicted Torres of sexual assault in a prohibited relationship, a first-degree felony, and prohibited sexual conduct of a descendant, a second-degree felony. He received 20 years and a $10,000 fine on the first charge, and a five-year prison sentence for the second, which he was serving concurrently.
Assistant CDA Clayten Hearrell said a 2018 appellate court ruling upheld Torres’ convictions but reversed the sentences.
“They struck down the first-degree enhancement of prohibited relationships,” Hearrell said.
In April 2018, the county re-filed Torres’ punishment as a sexual assault, a second-degree felony punishable by up to 20 years in prison and a $10,000 fine. After four postponements, it went to trial Aug. 5.
“We went before the judge and asked the victim to testify and entered the transcripts from the previous trial,” Hearrell said, adding Torres and several character witnesses testified, with Mills delivering his decision two days later.
Hearrell asked Mills to assess the full 20 year maximum punishment in this case “because Torres’ crime was a predatory act that he inflicted on a vulnerable young woman who trusted him completely. Torres took advantage of that trust and did so without any thought to the tremendous damage he would do to the young lady’s well-being.”
Hearrell said Torres has served six years and three months of the original punishment, which is still credited toward becoming eligible for parole after serving 10 years.
“He’s essentially serving the same sentence as he served before,” Hearrell added.
“We are extremely satisfied with the outcome of the punishment hearing which protects the citizens of Comal County from this dangerous predator decades into the future,” Criminal District Attorney Jennifer Tharp said.