Filed 6/28/24 P. v. Torres CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

v.

JOSHUA MARL ON TORRES,

Defendant and Appellant. B334587

(Los Angeles County Super. Ct. No. PA091211)

APPEAL from a n order of the Superior Court of Los

Angeles County, Hilleri G. Merritt, Judge. Affirmed.

Miriam K. Billington, under appointme nt by the Court of

Appeal, for Defendant and Appellant.

No appearance for Respondent.2 On December 12, 2018, the District Attorney of Los Angeles

County filed an information charging defendant Joshua Marlon

Torres with dissuading a witness by force or t hreat (Pen. Code,

§ 136.1, subd. (c)(1) 1 ) (count 1) , assault by means of force likely to

produce great bodily injury (§ 245, subd. (a)(4) ) (count 2) , and

battery with serious bodily injury (§ 243, subd. (d) ) (count 3)

. As

to counts 1 and 2, the informatio n alleged that defendant

personally inflicted great bodily injury on the victim

. (§ 12022.7,

subd. (a) .) A s to counts 1 through 3, the information alleged that

defendant had a prior serious and/or violent felony conviction

within the meaning of sections 667, subd ivision ( d ) and 1170.12

, subdivision (b) ; a serious felony conviction within the meaning of

section 667, subdivision (a)(1) ; and two prior convictions within

the meaning of section 667.5, subdivision (b).

On August 8, 2019, in exchange for a 10

- y ear prison term,

defendant entered a plea of no contest to count 1 and admitted

that he personally inflicted great bodily injury on the victim

(§ 12022.7 , subd. (a) ) ; he had a prior serious and/or violent felony

conviction within the meaning of sections 66 7, subd ivision (d) and

1170.1 2 , subdivision (b) ; and he had a prior conviction within the

meaning of section 667.5

. T he trial court sentenced defendant to 10 years in prison

, imposed certain assessments and fines, ordered defendant to pay

the victim resti tution, and awarded defendant 508 days of

custody and conduct credit. The court dismissed counts 2 and 3.

On May 26, 2022, the trial court dismissed the section

667.5, subdivision (b) one

- year prison term as a matter of law.

On September 18, 2023, defen dant , represented by counsel,

filed a motion for resentencing pursuant to section 1172.1. T he

1 All further statutory references are to the Penal Code.3

trial court denied the motion. Defendant timely filed a notice of

appeal from the court’s denial of his section 1172.1 motion.

We appointed counsel to represen t defendant on appeal.

On May 8, 2024, counsel filed an opening brief in which counsel

did not identify any arguable issues and requested that we follow

the procedure set forth in People v. Wende (1979) 25 Cal.3d 436,

441 ( Wende ). On May 9, 2024, we noti fied defendant that

appointed counsel had filed an opening brief that did not raise

any issues and defendant had 30 days within which to submit a

supplemental brief or letter stating any grounds for an appeal,

contentions, or arguments that he wished us to consider.

Defendant did not file a supplemental brief.

We have exercised our discretion to review the record in

this postconviction matter ( People v. Delgadillo (2022) 14 Cal.5th

216, 233) and are satisfied that defendant’s appointed counsel

has fully c omplied with her responsibilities and no arguable

issues exist ( Wende, supra, 25 Cal.3d at p. 441)

.4 DISPOSITION

The order is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

KIM, J.

We concur:

BAKER, Acting P. J.

LEE, J. 

 Judge of the San Bernardino Superior Court, assigned by
the Chief Justice pursuant to article VI, section 6 of the

California Constitution.