People v. Torres CA4/1

I.

INTRODUCTION

A jury found Joseph Dominic Torres guilty of robbery (Pen. Code, § 211)1 (count

1) and criminal street gang activity (§ 186.22, subd. (a)) (count 2). With respect to count

1, the jury found that Torres used a deadly or dangerous weapon in the commission of the

offense (§ 12022, subd. (b)(1)), and that he committed the offense for the benefit of, at

the direction of, or in association with, a criminal street gang with the specific intent to

promote, further, or assist the criminal conduct of gang members (§ 186.22, subd. (b)).

The trial court sentenced Torres to 13 years in prison, consisting of the lower term of two

years on count 1, plus an additional consecutive one year for the deadly or dangerous

weapon enhancement (§ 12022, subd. (b)(1)), plus an additional consecutive 10 years for

the gang enhancement (§ 186.22, subd. (b)). The court stayed imposition of sentence on

count 2 pursuant to section 654.

On appeal, Torres claims that the trial court erred in denying a motion to exclude a

statement that he gave to police on the night of his arrest, on the ground that he did not

waive his Miranda2 rights prior to giving the statement. Torres also…