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Torres v. State

Although the defendant's expert testified that the 1990 census failed to reflect changes in the county's minority populations, there was no evidence that minorities were substantially under-represented on the county's grand and petit jury venires.

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Jorge Ivan Torres was indicted by a Long County grand jury on charges of malice murder, armed robbery, and kidnaping with bodily injury arising out of the death of Mary Ann Prescott. The State filed its notice to seek the death penalty. After venue was transferred to Evans County, Torres was tried, found guilty on all counts, and sentenced to life imprisonment without parole. He appeals from the denial of his motion for new trial.1 Finding no error, we affirm.

1. The evidence adduced at trial authorized the jury to find that on August 16, 1995, appellant and two other men, Roberto Vaca and David Cordova, went to a Long County convenience store around closing time. The men carried a .22 caliber semi-automatic pistol belonging to Vaca. After Vaca left in order to obtain a second weapon, the store closed. As the victim, who was a store cashier, was heading towards her parked van, appellant and Cordova forced her into the vehicle, stole her cash and jewelry, ordered the victim out of the van, and killed her by shooting her five times in the face and head. Vaca thereafter rejoined the men, who returned the pistol to him. That weapon, sold by Vaca and Cordova’s brother the day following the crimes, was recovered by police; expert testimony established that the weapon fired the bullets recovered at the scene of the murder.

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