People v. Torricellas CA4/1

Filed 6/25/21 P. v. Torricellas CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, FOURH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077815

Plaintiff and Respondent,

v. (Super. Ct. No. CR72156)

THERESA TORRICELLAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Howard H. Shore, Judge. Affirmed.

Laura P. Gordon, under appointment by the Court of Appeal, for Defendant and Appellant. Matthew Rodriguez, Acting Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Alan L. Amann and A. Natasha Cortina, Deputy Attorneys General, for Plaintiff and Respondent.

An information filed on January 23, 1985, charged defendant Theresa

Torricellas and codefendant Daniel McGinnis with murder (Pen. Code,1 § 187, subd. (a); count 1) and robbery (§ 211; count 2). The information additionally alleged arming and gun-use enhancements as to both counts. (§§ 12022, subd. (a) & 12022.5, respectively.) In March 1985, defendant entered a guilty plea to second degree murder and admitted the arming enhancement in exchange for a maximum sentencing exposure of 16 years to life and dismissal of the robbery count and personal gun-use enhancement. The court at the April 1985 sentencing followed the terms of the plea and sentenced defendant to 15 years to life plus one year for the arming enhancement, for a total term of 16 years to life in prison. In January 2019, defendant filed a pro. per. petition to vacate her murder conviction pursuant to section 1170.95 (hereinafter, Petition). After further briefing from the parties, the court on July 8, 2020, summarily denied defendant’s Petition without issuing an order to show cause (OSC), finding defendant was statutorily ineligible for section 1170.95 relief. We affirm. OVERVIEW On or about November 8, 1984, defendant met Paul Vernon Henry at a motel where the father of codefendant McGinnis was staying. Henry owed McGinnis money and the three went to the bank in Henry’s car. At an ATM machine, defendant used Henry’s bankcard to withdraw $200. Defendant saw from the bank receipt that Henry had more money in his account. She passed this information on to McGinnis. After stopping back at the motel, the three drove to Mission Valley. Defendant selected Mission Valley because it was not a place that would draw attention if “you’re going to do it.” She had in mind that Henry was