People v. Torres CA2/5

Filed 6/28/24 P. v. Torres CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B334587

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA091211) v.

JOSHUA MARLON TORRES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hilleri G. Merritt, Judge. Affirmed. Miriam K. Billington, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

On December 12, 2018, the District Attorney of Los Angeles County filed an information charging defendant Joshua Marlon Torres with dissuading a witness by force or threat (Pen. Code, § 136.1, subd. (c)(1)1) (count 1), assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)) (count 2), and battery with serious bodily injury (§ 243, subd. (d)) (count 3). As to counts 1 and 2, the information alleged that defendant personally inflicted great bodily injury on the victim. (§ 12022.7, subd. (a).) As to counts 1 through 3, the information alleged that defendant had a prior serious and/or violent felony conviction within the meaning of sections 667, subdivision (d) and 1170.12, subdivision (b); a serious felony conviction within the meaning of section 667, subdivision (a)(1); and two prior convictions within the meaning of section 667.5, subdivision (b). On August 8, 2019, in exchange for a 10-year prison term, defendant entered a plea of no contest to count 1 and admitted that he personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)); he had a prior serious and/or violent felony conviction within the meaning of sections 667, subdivision (d) and 1170.12, subdivision (b); and he had a prior conviction within the meaning of section 667.5. The trial court sentenced defendant to 10 years in prison, imposed certain assessments and fines, ordered defendant to pay the victim restitution, and awarded defendant 508 days of custody and conduct credit. The court dismissed counts 2 and 3. On May 26, 2022, the trial court dismissed the section 667.5, subdivision (b) one-year prison term as a matter of law. On September 18, 2023, defendant, represented by counsel, filed a motion for resentencing pursuant to section 1172.1. The