P. v. Torres
The jury convicted defendant Michael Phillip Torres of the attempted murder of David Mendoza in violation of Penal Code sections 664 and 187, subdivision (a),[1]finding the attempted murder was committed willfully, deliberately, and with premeditation. The jury found not true the allegations that he personally used a firearm in committing the offense ( 12022.53). Defendant was also convicted of being a felon in possession of a firearm ( 12021, subd. (a)(1)); making criminal threats upon Erin Sutton ( 442); illegal street gang activity ( 186.22, subd. (b)(1)); attempting to dissuade witness Joe Smokey Neria ( 136.1, subd. (a)(2)); intimidation of witness Neria ( 137, subd. (b)); and intimidation of witness Sutton ( 137, subd. (b)). The jury found that all of the offenses were committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). Defendant waived his right to a jury trial on the prior conviction allegations. The trial court found defendant had two prior convictions under the three strikes law and had served three prior prison terms.
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