People v. Torres CA4/2

STATEMENT OF THE CASE

On December 9, 2013, a first amended information charged defendant and

appellant Raul Torres, Jr., with willfully and deliberately attempting to murder a person

named Joshua P. (the victim), in violation of Penal Code sections 664 and 187,

subdivision (a)1 (count 1); willfully discharging a firearm at an inhabited dwelling, in

violation of section 246 (count 2); and assaulting the victim with a firearm, in violation of

section 245, subdivision (a)(2) (count 3). The attempted murder charge included an

enhancement allegation that, in committing the offense, defendant personally discharged

a firearm within the meaning of section 12022.53, subdivision (c). The assault charge

included an allegation that defendant personally used a firearm within the meaning of

section 12022.5, subdivision (a).

On December 17, 2013, a jury found defendant guilty of all three charges, and

found true the enhancement allegations.

On April 9, 2014, the trial court denied defendant’s motion for a new trial. On

September 8, 2014, the trial court sentenced defendant to serve a total of 27 years to life

in state prison. Specifically, the trial court imposed an indeterminate…