People v. Torales CA5

INTRODUCTION

Appellant John Martin Torales committed a series of armed robberies between June 17, 2015, and July 2, 2015, with Estevan Gomez. Gomez was fatally shot by police during the course of his arrest. Torales was convicted by jury of multiple counts of assault with a semiautomatic firearm (Pen. Code,1 § 245, subd. (b)); second degree robbery (§ 211); conspiracy to commit robbery (§§ 182, subd. (a)(1), 211); conspiracy to commit assault with a deadly weapon (§§ 182, subd. (a)(1), 245, subd. (b)); and attempted robbery (§§ 664/211). In addition, enhancements were found true for the personal use of a firearm (§§ 12022.5, subd. (a), 12022.53, subds. (b) & (e)(1)); the offenses were committed for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)); the commission of a prior serious felony (§ 667, subd. (a)); serving a prior prison term (§ 667.5, subd. (b)); and suffering a prior strike conviction within the meaning of the Three Strikes law (§§ 1170.12, subds. (a)-(d) & 667, subds. (b)-(i)). Torales was sentenced to an aggregate term of 98 years eight months in state prison. He raises the following claims on appeal: (1) the…