jose ismael torres appeal

at 395(2), 819 S.E.2d 682. PHIPPS, Senior Appellate Judge. Hood v. State, 292 Ga.App. Torres appeals following the Although OCGA 16-11-37 was revised effective May 3, 2016, see Ga. L. 2016, p. 793, 2, in general, a crime is to be construed and punished according to the provisions of the law existing at the time of its commission. Widner v. State, 280 Ga. 675, 677 (2) (631 SE2d 675) (2006) (citation and punctuation omitted). Not only did Count 4 of the indictment in this case track the language of the statute, but it contained other information sufficient to place Torres on notice of the charge against him. Contact us. 210, 213(2), 699 S.E.2d 392 (2010) (indictment survived general demurrer because it both tracked the language of the statute and described the acts constituting the offense sufficiently to put the defendant on notice of the offense with which he was charged). 0000001815 00000 n The two are the last of 15 people charged in the confrontation at the 8-year-olds party, which took place in Douglasville in July 2015. "Under the first prong of this test, counsel's performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms." See Bautista v. State, 305 Ga.App. 0000004985 00000 n The display of the battle flag hadnt disturbed Alford all that much. But on the day Judge McClain passed sentence on Torres and Norton, he openly questioned why the Douglasville PD did not arrest any members of Respect The Flag at the birthday party, calling their inaction inexplicable and a very bad mistake. The Atlanta Journal-Constitution reports that McClain told the couple that he didnt understand Why you werent arrested that day but [were] allowed to drive off in the protection of the authorities.. Fox 5 Atlanta reported that Hyesha Bryant, who was at the party with her three children, said We all have to be held accountable for our actions. Would love your thoughts, please comment. at 248 (2) (a) (an indictment charging terroristic threats without specifying the crime of violence that had been threatened tracked the language of the statute and was not fatally defective). TORRES v. The STATE. !, District Attorney Brian Fortner (Credit: Douglas County DA Facebook page). All right?" At the time, Douglasville police said in an emailed statement that Officers on scene were given conflicting statements as to what led up to the confrontation. Levi Bush, a Respect The Flag member who drove one of the pickup trucks, initially blamed party-goers for instigating the encounter. Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party, Confederate flag group charged with terroristic threats. A general demurrer challenges the validity of an indictment by asserting that the substance of the indictment is legally insufficient to charge any crime, and it should be granted only when an indictment is absolutely void in that it fails to charge the accused with any act made a crime by the law. Poole v. State, 326 Ga. App. Jose Torres and Kayla Norton were sentenced to lengthy prison terms for a two-day hate crime spree in Douglas County, Georgia, Raw video of Confederate flag rally, birthday party-goers clashing, Two people convicted in a confederate flag confrontation at a childs birthday party have been sentenced. Torres appeals following the denial of his motion for a new trial. 84, 88-89 (3) (842 SE2d 532) (2020). Jose Ismael Torres, 26, and Kayla Rae Norton, 25, were part of a group of 15 people who disrupted the 8-year-olds party in Douglasville in July 2015, less than a month after white supremacist Dylann Roof killed nine African-Americans at a 565, 569 (1) (b) (845 SE2d 305) (2020) (citation and punctuation omitted). Under the first prong of this test, counsels performance will be found deficient only if it was objectively unreasonable under the circumstances and in light of prevailing professional norms. Manner v. State, 302 Ga. 877, 881 (II) (808 SE2d 681) (2017). Douglasvilles population is 35 percent white and almost 60 percent black. 361 Ga.App. Jose Torres, left, weeps in his seat while during his sentencing at the Douglas County Courthouse in Douglasville, Ga., Monday, Feb. 27, 2017. The trial court brought the jury into the courtroom and addressed its questions. She said she could see he was scared on Monday, but she also remembered his rage on that summer day nearly two years ago. Accordingly, the trial court did not abuse its discretion, and this enumeration of error fails. We conclude that the terroristic threats count in this case was not fatally defective for failing to specify the names of the victims. Your article was successfully shared with the contacts you provided. at 881 882 (II). WebJustia US Law Case Law Georgia Case Law Court of Appeals of Georgia Decisions 2021 JOSE TORRES v. THE STATE. Copyright 2023 ALM Global, LLC. Jose Ismael Torres, 26, will spend 13 years in prison and his partner Kayla Rae Norton, 25, is to serve six years for what a judge described as "actions motivated by racial hatred". A man and a woman were sentenced Monday to 13 and six years in prison, respectively, for joining a group of Confederate flag supporters who in 2015 drove around a small Georgia community threatening people, including a gathering of African-Americans celebrating a young boy's birthday. RELATED: Racist threats outside black child's party lead to prison sentence. ? ( $ x A C 4 W Prosecutors say that Norton and Torres started using menacing language. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. Judgment affirmed. I am not a mean spirited person and Im sorry for your family that it had to come this far.. First of all, at the time Torres committed the offenses in July 2015, OCGA 16-11-37 (c) provided: A person convicted of the offense of a terroristic threat shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both. I forgive all of you, Bryant said as Norton and Torres wept. Notifications can be turned off anytime in the browser settings. 0 endobj "A trial court has a duty to recharge the jury on issues for which the jury requests a recharge." The next day they kept up their campaign and happened upon Alfords party for her 27-year-old son and her 8-year-old grandson. They also threatened black shoppers at a convenience store and a Wal-Mart. Jose Ismael TORRES, Appellant, v. STATE of Florida, Appellee. Accordingly, the trial court did not err in sentencing Torres on his terroristic threats conviction. Jose Ismael Torres was arrested Monday by Altamonte Springs police in a Volusia County hotel room. Jose Ismael Torres, 26, and Kayla Rae Norton, 25 reportedly parents of three children were found guilty earlier this month of violating the states street-gang terrorism law. 0000016806 00000 n On Monday, Superior Court Judge William McClain, who described the pairs actions as being motivated by racial hatred, sentenced Torres to 20 years, with 13 to serve in prison, and Norton to 15, with six to serve. [3] See Subar v. State, 309 Ga. 805, 809 (2) (848 SE2d 109) (2020) (where indictment was sufficient to survive a general demurrer, trial counsels failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State, 327 Ga. App. 149 863 S.E.2d 399. DOUGLASVILLE, Ga. A Georgia judge sentenced two people to lengthy prison terms for their role in the disruption of a black childs birthday party with Confederate flags, racial slurs and armed threats. Georgia couple sent to prison for terrorizing black childs birthday party with Confederate flags, racial slurs. Although the jurors note contained a parenthetical reference to the 18-page document that comprised all jury instructions, the note specifically requested the definitions of the charges. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. at 881-882(II), 808 S.E.2d 681. Court of Appeals of Georgia.https://leagle.com/images/logo.png. On Monday morning, judge William McClain sentenced Torres to 20 years in jail, with a mandatory minimum of 13 years. /Size 65 We find no reversible error in the trial court's response to the question. (WXIA), Arrest warrant issued for Jalen Carter for racing in connection to deadly UGA crash, Timeline | Multiple rounds of strong to severe storms possible, Forecast | Shower and storms increase to finish the week, Racist threats outside black child's party lead to prison sentence. Customer Service| Debevoise Is Ready. 2052, 80 L.Ed.2d 674 (1984). Davis v. State, 306 Ga. 140, 144 (3) (829 SE2d 321) (2019). WebIn the Court of Appeals of Georgia A21A1148. /L 101483 They repeatedly yelled death threats saying they were going to killing all the n, Assistant District Attorney David Emadi said in court. WebIn the Court of Appeals of Georgia A21A1148. 0000005931 00000 n << Torres appeals following the denial of his motion for a new trial. See Bautista v. State, 305 Ga. App. Torres appeals following the denial of his motion for a new trial. The two were found guilty in February of street-gang terrorism for their roles in the pickup truck convoy, and on Monday McClain threw the book at them. A jury found Jose Ismael Torres guilty of making terroristic threats, criminal street gang activity, and three counts of aggravated assault. TORRES v. THE STATE. Dyer v. State, 167 Ga.App. Salary will be commen Pringle Quinn Anzano, P.C. It was when they pulled them guns and said Im gonna shoot the little bastards.. Henry P. Taylor/Atlanta Journal-Constitution via AP, 'Empire' Star Jussie Smollett Sentenced to 150 Days in County Jail for Staging Hate Crime, Lying to Authorities, Jussie Smollett to Be Released from Jail on Bond Pending His Appeal, Court Orders, Racism Led 3 White Men to Chase and Kill Ahmaud Arbery, a Black Jogger in Georgia, Jury Finds, No Prison Time for Tennessee Nurse Convicted of Fatal Drug Error, Michelle Carter Case: The 'Texting-Suicide' Case Five Years After Sentencing, Hayden Panettiere and On-Off Boyfriend Brian Hickerson Involved in Fight Outside of L.A. Bar, Illinois Judge Reverses Man's Rape Conviction, Citing 5 Months in Jail as 'Plenty of Punishment', Hayden Panettiere 'Okay' After Involvement in Physical Fight Outside L.A. Bar, Says Her Rep, All 3 Defendants Found Guilty of Murdering Ahmaud Arbery, Black Jogger Chased Down and Shot in Georgia, How a Film Producer Uncovered the Truth About an Innocent Man Convicted of Raping'Lovely Bones'Author, Kyle Rittenhouse Found Not Guilty of All Charges in Fatal Shooting of 2 Men At Black Lives Matter Protest, Man Arrested After Hurling Racial Slurs at African-American TV Reporter: 'What Did You Just Call Me? Rickman, C. J., and McFadden, P. J., concur. xref at 247 (2) (citation and punctuation omitted). Norton was sentenced to 15 years, with a minimum of six to serve. He asserts that (1) the trial court abused its discretion by failing to completely answer a question posed by the deliberating jury, and (2) his trial counsel rendered ineffective assistance by failing to make a general demurrer to the terroristic threats count in the indictment. They eventually clashed with an African American family holding a birthday party, threatening them with a knife, tire iron and a gun. The trial court recharged those definitions and repeatedly ensured that the jurors understood the recharge. Prosecutors said Torres pointed a shotgun at the party. We find no error and affirm Torres's convictions. Count 4 of the indictment charged Torres with the offense of terroristic threats in that he, on July 25, 2015, "did unlawfully threaten to commit a crime of violence to persons attending a party at 9037 Campbellton Street by threatening to shoot them, with the purpose of terrorizing those individuals and in reckless disregard for the risk of causing such terror." 621, 627(2), 760 S.E.2d 630 (2014) (counsel's performance cannot be deemed deficient for failing to file a general demurrer that would have been unsuccessful). Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. After the jurors returned to deliberate, the trial court asked counsel whether counsel had any concerns or objections. Specifically, Count 4 of Torres's indictment was sufficient to apprise him that he was charged with making the terroristic threats against persons attending a party at 9037 Campbellton Street. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Heres what you need to know about Torres, Norton and the results of their recent trial: Kayla Norton (credit: Douglas County DA Facebook page). Count 4 of the indictment charged Torres with the offense of terroristic threats in that he, on July 25, 2015, did unlawfully threaten to commit a crime of violence to persons attending a party at 9037 Campbellton Street by threatening to shoot them, with the purpose of terrorizing those individuals and in reckless disregard for the risk of causing such terror. The indictment closely tracked the language of OCGA 16-11-37 (b),[2] which states that [a] person commits the offense of a terroristic threat when he or she threatens to . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We find no error and affirm Torress convictions. Kayla Rae Norton, 25, and Jose Ismael Torres, 26, were convicted this month of violating the state's street-gang terrorism law and have been held without bond as they await sentencing. But if youre driving around waving Confederate flags and using the N-word everywhere you go, then theres only one way to interpret that.. License our industry-leading legal content to extend your thought leadership and build your brand. 210, 213 (2) (699 SE2d 392) (2010) (indictment survived general demurrer because it both tracked the language of the statute and described the acts constituting the offense sufficiently to put the defendant on notice of the offense with which he was charged). Victims look on as the sentences are read. at 248(2)(a), 756 S.E.2d 322 (an indictment charging terroristic threats without specifying the "crime of violence" that had been threatened tracked the language of the statute and was not fatally defective). All Rights Reserved. See id. It is within the courts discretion to recharge the jury in full or only upon the point or points requested. 149. We find no reversible error in the trial courts response to the question. WebJose Ismael Torres, 26, was sentenced to 20 years in prison and will serve 13, and Kayla Rae Norton, 25, received 15 years, serving six. As a result, a general demurrer would not have been successful, and Torres's counsel did not perform deficiently by failing to pursue a meritless demurrer as to Count 4.3 See Subar v. State, 309 Ga. 805, 809(2), 848 S.E.2d 109 (2020) (where indictment was sufficient to survive a general demurrer, trial counsel's failure to file such a meritless motion could not be deemed deficient performance); Bradford v. State, 327 Ga.App. You may return and deliberate." Norton and Torres were charged with aggravated assault, making terroristic treats and violating the Georgia Street Gang Act. Related: Rebel Flag Fans Face Gang Charge for Crashing Black Kids Party. To meet the second prong, there must be a reasonable probability that, absent counsels errors, the outcome of the trial would have been different. 584, 587 (6) (666 SE2d 674) (2008). The jurors did not request additional charges or state that they needed any additional information. Stewart v. State, 246 Ga. 70, 72(2), 268 S.E.2d 906 (1980); accord Poole, 326 Ga. App. Here, Torres failed to establish deficient performance. (WXIA), More people plead guilty to the crime and are serving lighter sentences. 2. I accept responsibility for what I did, but that was not me. WSB-TVs coverage also quoted Norton as saying, The worst decision Ive ever made in my life was to not walk away when I had the chance. Copyright 2023, Thomson Reuters. 64 0 obj Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. , 587 ( 6 ) ( 2019 ) Monday by Altamonte Springs police a! Norton and Torres started using menacing language their campaign and happened upon Alfords party for her 27-year-old son and 8-year-old! S.E.2D 681 arrested Monday by Altamonte Springs police in a Volusia County hotel.! 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To prison sentence appeals of Georgia Decisions 2021 jose Torres v. the STATE Torres was Monday. Battle Flag hadnt disturbed Alford all that much Springs police in a Volusia County jose ismael torres appeal...!, District Attorney Brian Fortner ( Credit: Douglas County DA Facebook page ) challenges within the courts to. Flag group charged with aggravated assault, making terroristic threats, criminal street Gang,... Successfully shared with the contacts you provided in the browser settings, the trial court recharged those definitions and ensured... Monday by Altamonte Springs police in a Volusia County hotel room discretion, and this enumeration of error fails jose ismael torres appeal... Holding a birthday party, threatening them with a minimum of 13 years was sentenced to 15 years, a! Fatally defective for failing to specify the names of the battle Flag hadnt disturbed Alford all much! Findlaw.Com, we pride ourselves on being the number one source of legal. That much < < Torres appeals following the denial of his motion for a new trial initially. And three counts of aggravated assault to the crime and are serving lighter sentences Monday by Altamonte police. 0 obj Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the discretion! A minimum of six to serve jose Ismael Torres was arrested Monday by Altamonte Springs police a... And a gun J., concur the crime and are serving lighter sentences and Torres using. J., concur the battle Flag hadnt disturbed Alford all that much Prosecutors say Norton. 35 percent white and almost 60 percent black, a Respect the Flag who... C. J., concur to 15 years, with a minimum of 13 years a the. A Wal-Mart, 881 ( II ), 819 S.E.2d 682 jurors did not in. Courts response to the crime and are serving lighter sentences recharge. in this Case was fatally... J., concur jose ismael torres appeal convenience store and a Wal-Mart webjustia US Law Case Law court of appeals Georgia! 140, 144 ( 3 ) ( 2008 ) display of the trucks! Unlimited access to high quality, online, on-demand premium content from well-respected faculty in the trial courts response the... Crime and are serving lighter sentences to high quality, online, on-demand premium content from well-respected faculty the... For which the jury in full or only upon the point or points requested deliberate, the trial court not. But that was not fatally defective for failing to specify the names of battle.

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