People v. Torres CA4/2

STATEMENT OF THE CASE

Petitioner was charged with 12 counts, including the murder of Vanessa Torres.

In 2014, petitioner pleaded guilty to the voluntary manslaughter of Vanessa Torres

(§ 192, subd. (a)), with a personal firearm use enhancement (§ 12022.5, subd. (a)) and a

gang participation enhancement (§ 186.22, subd. (b)(1)(C)). Previously, he had pleaded

guilty to one count of discharging a firearm in a grossly negligent manner (§ 246.3, subd.

(a)) and two counts of assault with a firearm (§ 245, subd. (a)(2)), each with the same

enhancements as the voluntary manslaughter count. Pursuant to the plea bargain, he was

sentenced to a total of 31 years in prison.

This and all further statutory citations are to the Penal Code, unless otherwise indicated.

2 In 2021, petitioner filed a petition for resentencing pursuant to section 1170.95.

He alleged, “I pled guilty . . . to voluntary manslaughter . . . because I believed I could

have been convicted of 1st or 2nd degree murder at trial pursuant to the felony murder

rule or the natural and probable consequences doctrine.” Counsel was appointed.

The trial court summarily dismissed the petition on the ground that…