P v. Torres
A jury convicted defendant Marsi Patricia Torres of attempted willful, deliberate, and premeditated murder (Pen. Code, 664/187, subd. (a)), finding that she discharged a firearm causing great bodily injury ( 12022.53, subd. (d)) and committed the crime for the benefit of a criminal street gang ( 186.22, subd. (b)(1)).[1] The jury also convicted defendant of shooting at an inhabited motor vehicle ( 246) and carrying a loaded firearm ( 12031, subd. (a)(1)), and found a gang enhancement allegation true as to both charges ( 186.22, subds. (b)(4) & (d), respectively). On the attempted murder count, the court sentenced defendant to state prison for a total term of 50 years to life. The court imposed a concurrent two-year term on the carrying a loaded firearm count, and a five-year term (stayed under 654) on the remaining count. Defendant appeals, contending: (1) the trial court erred in overruling her hearsay objections to certain evidence used to prove the gang enhancements, and (2) the court erred in refusing defendants request that the jury be instructed on imperfect self defense. Court
affirm.
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