P.
P. v. Torres CA5
Opinion
Opinion
FACTS AND PROCEEDINGS
Amended Information Appellant, Antonio Torres, was charged in an amended information filed on February 7, 2012, with two counts of attempted carjacking (Pen. Code, §§ 664 & 215, subd. (a), counts 1 & 2),1 two counts of assault with a firearm (§ 245, subd. (a)(2), counts 3 & 4), possession of a firearm by a convicted felon (§ 12021, subd. (a)(1), count 5), and possession of ammunition by a convicted felon (§ 12316, subd. (b)(1), count 6). Counts 1 and 2 alleged that appellant personally used and discharged a firearm in the commission of those offenses (§ 12022.53, subds. (b) & (c)). The amended information further alleged that appellant had two prior prison term enhancements (§ 667.5, subd. (b)) and a prior serious felony conviction under the three strikes law (§§ 667, subds. (c)-(j) & 1170.12, subds. (a)-(e)). Facts and Suppression Motion At 9:30 p.m. on October 30, 2011, Sara Strack was driving down Dixie Street in Rosamond with her husband. While she was slowing down to turn at an intersection, appellant came up to Strack’s husband and pointed a gun at his head. Strack stopped the car, pulled out a knife, and pointed it at appellant. Appellant pointed the…