People v. Torres CA1/4

I. BACKGROUND

In December 2019, the San Mateo County District Attorney filed an information charging Torres with the above-listed offenses. A preliminary hearing followed. Torres later moved under Penal Code section 995 to set aside the possession for sale count, arguing the prosecution did not present evidence at the hearing that Torres intended to sell methamphetamine as charged. The court denied the motion. Prior to trial, Torres moved under People v. Marsden (1970) 2 Cal.3d 118 for the appointment of new counsel for multiple reasons. His attorney said he could continue to represent Torres. The court found there were not “any real major conflicts” and denied the motion. During voir dire, the prosecution used a peremptory challenge to dismiss a particular juror who indicated he did not think drug offenses should be criminalized. Torres’s counsel subsequently challenged the dismissal, arguing there was no cause because the juror had also indicated he could follow the court’s instructions regardless of his personal feelings. The court rejected the challenge. At an April 2021 trial, the prosecution presented evidence that at 2:15 a.m. on April 9, 2019, a Belmont, California police…