People v. Torres CA2/8

Filed 7/18/22 P. v. Torres CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B311356

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA448503) v.

PEDRO TORRES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Mark S. Arnold, Judge. Affirmed.

Aaron Spolin for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Pedro Torres was convicted of attempted murder and shooting at an occupied vehicle. Gang and firearm use allegations were found true as to both counts. The trial court denied defendant’s motion for a new trial and sentenced him to a prison term of 17 years, plus 25 years to life. On appeal, defendant contends the court erred in denying his motion for new trial because there was no credible, substantial evidence demonstrating his involvement in the crimes and because relevant third party culpability evidence was improperly excluded. We reject defendant’s arguments and affirm the judgment of conviction. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged, along with codefendant Jose Steven Ramos, also known as Chepe, with one count of premeditated attempted murder (Pen. Code, § 187, subd. (a), § 664; count 1) and one count of shooting at an occupied vehicle (§ 246; count 3). It was alleged the attempted murder was committed for the benefit of a gang (§ 186.22), and that defendant personally used and discharged a firearm causing great bodily injury to the victim (§§ 12022.53, subds. (b)-(d), 12022.7, subd. (a)). The gang allegation and firearm use allegations pursuant to section 12022.53 were also alleged as to count 3. (Count 2 was dismissed before trial.) Codefendant Ramos is not a party to this appeal. 1. The Shooting On July 9, 2016, G.C. was on his way to visit a friend. (We refer to the victim and witnesses by their initials to protect their privacy.) He was driving his red or burgundy-colored Ford Edge. While driving down 53rd Street in Los Angeles, he saw an