P. v. Torres
A jury convicted Santos Torres of shooting at an occupied motor vehicle (Pen. Code,[1]§ 246, counts 3 & 4) and assault with a firearm (§ 245, subd. (a)(2); counts 5-7 & 9). The jury also found true Torres personally used a firearm (§§ 12022.5, subd. (a), 667, & 1192.7, subd. (c)(8)) as to counts 5 through 7 and 9. The court sentenced Torres to prison for 11 years, eight months.
Torres appeals, contending the court committed reversible error in denying his motion to dismiss the charges because his right to due process under the United States and California Constitutions was violated by the over 14-year delay between the filing of the criminal complaint and his arrest. He also asserts his due process right to present a defense was violated when the trial court sustained an evidentiary objection preventing him from asking an eyewitness if she could identify him in court. Because we determine the court committed reversible error in denying Torres's motion to dismiss, we do not reach his second contention.
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