People v. Torres CA4/1

Filed 2/18/21 P. v. Torres CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D076863

Plaintiff and Respondent,

v. (Super. Ct. No. SCD238344)

TYLER JORDAN TORRES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Joan E. Weber, Judge. Affirmed. Andrea S. Bitar, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters and Julie L. Garland, Assistant Attorneys General, Charles C. Ragland and Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent. In 2012, a jury convicted Tyler Jordan Torres of two counts of assault by means likely to produce great bodily injury (Pen. Code,1 § 245 subd.

1 Undesignated statutory references are to the Penal Code.

(a)(1)), two counts of resisting an executive officer (§ 69), and one count of battery on emergency personnel (§ 243, subd. (b).) The counts were based on an incident in which Torres, in a standoff with San Diego Police Department officers, injured Officer Meeks and another officer. The court sentenced Torres to 9 years 4 months in prison, and set restitution at an “amount to be determined.” In May 2019, Torres was resentenced under section 1170.91. Thereafter, the People sought restitution for the two police officers. The probation report stated that Officer Meeks suffered a concussion, nose fracture, broken finger, broken teeth, and other facial injuries. The probation officer reported that Officer Meeks continued to receive medical attention for his injuries and anticipated a second surgery on his nose. Officer Meeks experienced migraine headaches daily, and personality changes from the multiple head blows he received. Due to a surgical procedure on his nose and a subsequent medical complication, Officer Meeks was unable to work for nine weeks after the incident. He was forced into medical retirement in 2014. The probation report recommended that Torres pay restitution to Officer Meeks in an amount to be determined by the court under sections 1202.4, subdivision (f) and 2085.5. The court granted the People’s request and ordered Torres to pay Officer Meeks $659,960.85 in restitution for lost future earnings, wages, and pension. Torres contends he was deprived of a “meaningful” opportunity to dispute the restitution amount because the trial court declined his request to obtain Officer Meeks’s medical reports. We affirm the order.