People v. Torres CA2/5

Filed 2/24/25 P. v. Torres CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B334460

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. PA042489)

RAY TORRES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Affirmed. Maria Leftwich, under appointment by the Court of Appeal, for Defendant and Appellant. No Appearance for Plaintiff and Respondent. _______________________

Ray Torres appeals the trial court’s denial of his petition for resentencing under Penal Code1 section 1170.126. The trial court found that Torres was ineligible for resentencing because he was armed with a deadly weapon during commission of the offense. We affirm the trial court’s order.

FACTS2

On October 16, 2002, Torres robbed a Radio Shack. The following day, in the mid-afternoon, Los Angeles Police Department Officers Robinson and Lotz were on patrol in Sylmar when they noticed Torres driving a car without a front license plate, which was a violation of the Vehicle Code. The officers activated their lights, intending to conduct a traffic stop. Torres slowed down, then sped up. The officers turned on their siren. The officers pursued the car for about two and a quarter miles. During this pursuit, Torres drove at speeds up to 100 miles per hour, swerved into oncoming traffic lanes, and ran stop signs and red lights. He eventually hit a parked car and was arrested.