People v. Magana-Torres CA3

Filed 12/10/25 P. v. Magana-Torres CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE, C101339

Plaintiff and Respondent, (Super. Ct. No. 62-044017B)

v.

JOSE HUMBERTO MAGANA-TORRES,

Defendant and Appellant.

In 2007, a jury found defendant Jose Humberto Magana-Torres guilty of two counts of attempted murder and two counts of conspiracy to commit murder along with a host of other crimes in connection with his participation in a home invasion robbery. The trial court sentenced him to 62 years to life in state prison. Magana-Torres appeals the denial of his 2022 petition for resentencing under Penal Code section 1172.6 at the prima facie stage. Magana-Torres argues the trial court did not advise the jury that the natural and probable consequences doctrine did not apply to attempted murder and thus the jury could have convicted him of attempted murder under that theory. He also argues the jury

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could have used a portion of the trial court’s conspiracy instructions for the same purpose. We will affirm the order denying the petition. BACKGROUND The amended information charged Magana-Torres and his two codefendants with three counts of auto theft (Veh. Code, § 10851, subd. (a)), conspiracy to commit robbery (Pen. Code, §§ 182, 211, subd. (a)(1)),1 burglary (§ 459), two counts of home invasion robbery in concert (§§ 211, 213, subd. (a)(1)(A)), theft from an elder (§ 368, subd. (d)), two counts of false imprisonment (§ 236), false imprisonment of an elder (§ 368, subd. (f)), assault with a deadly weapon (§ 245, subd. (a)(1)), two counts of conspiracy to commit murder (§§ 182, subd. (a)(1), 187), two counts of attempted premeditated murder (§§ 664, 187, subd. (a)), arson causing great bodily injury (§ 451, subd. (a)), causing injury to an elder (§ 368, subd. (b)(1)), and three counts of receiving stolen property (§ 496, subd. (a)). It also alleged several enhancements and multiple circumstances in aggravation not relevant to our disposition of this case. The underlying facts are recited in our unpublished decision in People v. Gomez- Perez et al. (Mar. 27, 2009, C056219) (Gomez-Perez).2 Although we do not rely on the factual summary in Gomez-Perez to conduct our review, we recount some background facts to provide context. Early one morning in June 2004, three men with their faces covered entered the victims’ bedroom. One of the men ordered the victims to lie face down on the bed, keep still, and tell the men where the money was. The robbers tied the two victims by their wrists and ankles and ransacked the home.