People v. Torres CA2/8

Filed 6/17/15 P. v. Torres CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B256103

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA123230) v.

JOSEPH R. GUEVARA TORRES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Henry J. Hall, Judge. Affirmed.

Kevin D. Sheehy, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr. and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent.

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Joseph R. Guevara Torres appeals from a judgment which sentences him to 25 years in state prison for two counts of assault with a firearm upon a peace officer and one count of possession of a firearm by a felon. Torres contends the sentence as to the possession charge should have been stayed pursuant to Penal Code1 section 654 because his possession of the firearm constituted a single act with the assault with a firearm. The evidence supports a finding that Torres’ possession of the firearm preceded and was separate from his use of it to assault the officers. We affirm the judgment. FACTS On December 28, 2011, Deputies Victor Fernandez and Joseph Esqueda of the Los Angeles County Sheriff’s Department were patrolling in the city of Bellflower in separate vehicles when they each received a call at 4:00 p.m. regarding a “suspicious” person looking into parked vehicles on Pimenta Avenue. The suspect was described as a male Hispanic in his 20’s wearing a gray hooded sweatshirt with tan shorts. Deputy Esqueda spotted someone—later identified as Torres—fitting that description standing on the front lawn of a property on Pimenta Avenue. He stopped his patrol car to investigate. When he asked Torres to approach the car, Torres grabbed his left eye and told him someone had taken his eye. Torres then fled towards Lakewood Boulevard, cutting through an adjacent parking lot. Deputy Esqueda immediately followed him in the patrol car on to Lakewood Boulevard, but lost sight of Torres when he ran down a driveway. Deputy Esqueda continued his search and eventually saw Torres standing on the porch of another home on Pimenta Avenue. Deputy Esqueda recognized Torres, even though he had taken off the gray hooded sweatshirt. Deputy Esqueda radioed for backup and Deputy Fernandez responded. Torres again fled when Deputy Fernandez arrived on the scene. Deputy Fernandez chased him on foot and Deputy Esqueda drove after him. Shawn Mauinatu lives on the corner of Oak Street and Pimenta Avenue. He saw Torres running on Pimenta Avenue, carrying a “silver and black” gun in his right hand. Mauinatu saw Torres run behind a parked van. Because his dog was barking and “getting