P. v. Delatorre
The facts of this case are all too common. A gang member disrespects a rival gang member, threats are made, a weapon is retrieved, and someone is needlessly killed over mere words. As a consequence of misguided bravado, defendant Orlando Delatorre -- who was 14 years old when the killing occurred but was tried as an adult -- will likely spend the rest of his life in prison for aiding and abetting the murder of Adrian Cortez.
A jury found defendant guilty of first degree murder, three counts of attempted murder with premeditation and deliberation, participation in a criminal street gang, possession of a loaded weapon by an active gang member, and possession of a sawed-off shotgun. The jury also found that a principal intentionally discharged a firearm in the commission of the murder, and that the attempted murders were committed on behalf of a criminal street gang. The trial court sentenced defendant to a determinate term of two years in state prison, and an indeterminate term of 95 years to life plus three consecutive life sentences. On appeal, defendant raises various challenges to the trial courts jurisdiction, the voluntariness of defendants confession, the sufficiency of the evidence, the instructions given, and the sentence imposed. Court modify the judgment by imposing the middle term of two years on the count 5 conviction (participation in a criminal street gang) and the count 7 conviction (unlawful possession of a loaded firearm) and by striking the enhancements of 15 years to life on the attempted murder counts (counts 2-4) and replacing them with a 15-year minimum parole eligibility date pursuant to Penal Code section 186.22, subdivision (b)(5), and shall affirm the judgment as so modified.
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