P.

INTRODUCTION

A jury found Robert Martinez guilty of mayhem (Pen. Code,1 § 203) and battery

causing serious bodily injury (§ 243, subd. (d)), both as lesser included offenses of

aggravated mayhem (§ 205; count 1). The jury also found Martinez guilty of assault by

means likely to produce great bodily injury (§ 245, subd. (a)(1); count 2) and found true

an allegation he personally inflicted the great bodily injury (§§ 1192.7, subd. (c)(8) &

12022.7, subd. (a)). Martinez additionally admitted having a prior prison commitment

conviction (§ 667.5, subd. (b)). The court subsequently set aside the battery with great

bodily injury conviction and sentenced him to a total term of nine years in prison.

Martinez appeals, contending the court erroneously admitted cumulative and

prejudicial identification evidence, there was insufficient evidence of disfigurement or

disability to support the mayhem conviction, the court erroneously failed to instruct the

jury on multiple causation, the court erroneously imposed an excessive fine and fee, and

the abstract of judgment does not conform to the court's oral pronouncement of judgment.

The People concede the latter two errors and we…