P. v. Torres
Filed 3/2/06 P. v. Torres CA3
NOT TO BE PUBLISHED
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. JOSE RAMIREZ TORRES, Defendant and Appellant. |
C046563
(Super. Ct. No. 03F05503)
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A jury convicted defendant Jose Ramirez Torres of attempting to murder Maria Arellano (the victim); inflicting corporal injury on the victim, who is the parent of defendant's child; and willfully causing his child to suffer unjustifiable physical pain and mental suffering under circumstances likely to produce great bodily injury or death. The jury also found that defendant personally used and discharged a firearm, and personally inflicted great bodily injury on the victim. He was sentenced to an indeterminate term of life with possibility of parole for the attempted murder, plus a term of 25 years to life for use of a firearm during the attempted murder, and a determinate term of eight years on the other charges.
On appeal, defendant contends (1) the trial court erred in allowing the prosecutor to introduce evidence of defendant's prior acts of domestic violence against the victim, (2) the evidence was insufficient to support the finding that the attempted murder was deliberate and premeditated, and (3) the abstract of judgment must be corrected. Only the last contention has merit.
FACTS
Defendant met the victim in 1997, while they were living in Mexico. They began an intimate relationship that resulted in the birth of their child, Theresa, in March 1999. By the end of 2001, the victim no longer was living with defendant because â€
