People v. Torres CA4/2

I.

INTRODUCTION

This is defendant and appellant David Jerry Torres’s third appeal. Defendant

presently appeals the trial court’s postjudgment order denying his request to dismiss the

firearm enhancement or to impose a lesser firearm enhancement pursuant to a newly

enacted statutory provision that grants a sentencing court the discretion to strike or

impose a lesser firearm enhancement (Senate Bill No. 620). Counsel has filed a brief

under the authority of People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v.

California (1967) 386 U.S. 738 (Anders), requesting this court to conduct an independent

review of the record. In addition, defendant has had an opportunity to file a supplemental

brief with this court and has not done so. For the reasons explained below, we exercise

our discretion to conduct an independent review of the record and affirm the judgment.

(People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo).)

II.

FACTUAL AND PROCEDURAL BACKGROUND

In the evening on June 24, 2011, defendant and a cohort named Eddie approached

a group of people at a San Bernardino County apartment complex. Defendant and Eddie

displayed gang signs and said they were…