People v. Torres CA6

I. BACKGROUND2

A. The Information On May 4, 2011, the Santa Cruz District Attorney’s Office filed an information charging Torres with murder (§ 187) and street terrorism (§ 186.22, subd. (a)). As to the charge of murder, it was alleged that a principal personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (d) & (e)(1)) and that the murder was committed for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)). B. The First Jury Trial in 2013 In 2013, Torres was tried before a jury with two codefendants, Joel Sanchez and Jose Meza. During closing argument, the prosecutor argued that Torres was guilty of murder either as a direct aider and abettor or as the actual perpetrator. The trial court instructed the jury as to both theories. The verdict form also asked the jury to determine whether Torres personally discharged a firearm. Although the jury subsequently found Sanchez guilty of first degree murder and Meza guilty of second degree murder, it was unable to reach a verdict as to Torres, and the trial court declared a mistrial. The prosecutor subsequently…