P. v. Torres
Defendant appeals from a judgment of conviction entered after a jury trial. The jury found defendant guilty of the willful, deliberate and premeditated attempted murder of two peace officers, during which defendant personally used and intentionally discharged a firearm, proximately causing great bodily injury to Deputy Patterson; assault with a semiautomatic weapon on the two peace officers, during which defendant personally used and intentionally discharged a firearm, proximately causing great bodily injury to Deputy Patterson; possession of an assault weapon; possession of a firearm by a felon; carrying a loaded firearm while an active gang member; and possession of a weapon by a person in custody.
On appeal, defendant challenges the trial court’s failure to instruct on attempted voluntary manslaughter as a lesser included offense and on the definition of a criminal street gang. Defendant challenges the sufficiency of the evidence that he was a member of a criminal street gang. Defendant further claims error in the trial court’s denial of his motion for disclosure of juror information and imposition of the upper term sentence on count 5. Court found no grounds for reversal and affirmed the judgment.
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