People v. Torres CA1/3

Filed 3/21/25 P. v. Torres CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A169539

v. ADRIAN TORRES, (Solano County Super. Ct. No. PCF274440) Defendant and Appellant.

Defendant Adrian Torres appeals from an order of the trial court denying his petition for resentencing under Penal Code section 1172.6. He claims the trial court failed to act as an independent factfinder and applied the wrong burden of proof at the evidentiary hearing. He further argues the error was structural and therefore reversible per se. We conclude defendant fails to demonstrate that the court misunderstood its role or applied an incorrect standard of proof. We further conclude any assumed error was not structural, and that…