P. v. Torres 2/18/09 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H032441

Case Date: 05/20/2009

Preview:Filed 2/18/09 P. v. Torres CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. JUAN MATIAS TORRES, Defendant and Appellant.

H032441 (Santa Clara County Super. Ct. Nos. CC591335, CC629776)

Appellant pleaded no contest to all charges in two separate informations, one related to an assault on a peace officer with a deadly weapon and one related to a stabbing of two people in downtown San Jose. Appellant also admitted the enhancing allegations in both informations. The trial court sentenced appellant to a total state prison term of 36 years, eight months, with a consecutive term of 25-years-to-life. Appellant contends that two of the serious prior felony conviction enhancements imposed pursuant to Penal Code section 667, subdivision (a), must be stricken and that the trial court erred in imposing certain fines. We modify the judgments and affirm. Case No. CC591335/ Assault on an Officer On May 6, 2005, a San Jose police officer pulled up next to appellant in his vehicle and noticed "exceptionally loud music." Although appellant turned the music down, the officer stopped appellant's vehicle. When the officer walked up to appellant's

vehicle, it sped away. The officer followed, saw the vehicle parked erratically, and saw appellant walking away at a "hurried pace." The officer followed appellant and ultimately apprehended him after appellant took a combative stance and was tasered and hit with the officer's baton. Appellant threw something at the officer who had to duck, and the officer later determined that it was a curved knife. Appellant's blood alcohol level, an hour and a half later, was .06. As a result of these events appellant was charged with three felonies and five misdemeanors. The felonies charged were assault on a peace officer (Pen. Code,

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