Torres

INTRODUCTION

Defendant Damascio Ibarra Torres appeals from a judgment of conviction entered after a jury trial. Defendant was convicted of three counts of attempted murder (Pen. Code, §§187, subd. (a), 664), during which he personally used a firearm (id., § 12022.5) and inflicted great bodily injury on his victims (id., § 12022.7). He also was convicted of two counts of false imprisonment (id., § 210.5), during one of which he personally used a firearm (id., § 12022.5). The trial court sentenced defendant to fife imprisonment with the possibility of parole on the attempted murder counts, with an additional 11 years for the firearm use and great bodily injury enhancements. The trial court sentenced defendant to a consecutive determinate term of 14 years eight months on the false imprisonment counts and firearm enhancement.

This appeal is from defendant’s second trial in this case. Defendant previously was convicted of these same offenses. He appealed, and this court affirmed his conviction. (People v. Torres (July 28, 1995, B085270) [nonpub. opn.].) He then filed a petition for writ of habeas corpus in the federal district court. The court granted his petition, and that…