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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

v.

JOSHUA MARLON TORRES,

Defendant and Appellant.

 B334587

 (Los Angeles County

 Super. Ct. No. PA091211)

APPEAL from an order of the Superior Court of Los 

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

Miriam K. Billington, under appointment 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 threat (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 information alleged that defendant 

personally inflicted great bodily injury on the victim. (§ 12022.7, 

subd. (a).) As 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, subdivision (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-year 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 667, subdivision (d) and 

1170.12, subdivision (b); and he had a prior conviction within the 

meaning of section 667.5.

The trial court sentenced defendant to 10 years in prison, 

imposed certain assessments and fines, ordered defendant to pay 

the victim restitution, 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, defendant, represented by counsel,

filed a motion for resentencing pursuant to section 1172.1. The 

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 represent 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 notified 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 complied 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.