Martinez

*1038 Opinion

A jury convicted defendant Kenneth Lee Martinez of torture (count 1; Pen. Code, § 206; undesignated section references are to the Penal Code); five counts of assault by means of force likely to produce great bodily injury or with a deadly weapon (counts 2-6; § 245, subd. (a)(1)); corporal injury to a cohabitant (count 7; § 273.5); forcible rape (count 8; § 261, subd. (a)(2)); forcible oral copulation (count 9; § 288a, subd. (c)); criminal threats (count 11; § 422); dissuading a witness by force or threat (count 12; § 136.1, subd. (c)(1)); and false imprisonment by violence (count 13; § 236). The jury also found as to counts 7 through 9 that defendant personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)), and as to counts 8 and 9 that defendant inflicted torture and great bodily injury upon the victim (§ 667.61, subds. (a), (d)(3); id., subds. (b), (e)(3)), personally used a deadly weapon, and personally inflicted great bodily injury (§ 667.61, subds. (b), (e)(4); id., subds. (a), (e)(3)).

The trial court sentenced defendant to a total term of 54 years, eight months to life in state prison. The court…

I concur in the opinion except as to part VIII, as to which I concur in the result. *

On January 14, 2005, the opinion was modified to read as printed above. Appellant’s petition for review by the Supreme Court was denied April 20, 2005. George, C. J., did not participate therein.

*1052 APPENDIX

Counts 1 through 9 and 11 through 13 of the Amended Information

*1053 “The said defendant(s) is/are accused by the District Attorney of the County of SAN JOAQUIN of the State of California, by this information, of the following crime(s):

“PC 206 TORTURE

COUNT: 001, On or about JUNE 15, 2002 TO JUNE 18, 2002 the crime of TORTURE, in violation of Section 206 of the Penal Code, a FELONY, was committed by KENNETH LEE MARTINEZ, who at the time and place last aforesaid did willfully and unlawfully and with the intent to cause cruel and extreme pain and suffering for the purpose of revenge, extortion, persuasion and for a sadistic purpose, inflict great bodily injury, as defined in Penal Code section 12022.7 upon JANE DOE.

“PC 245(A)(1) ADW/ASSLT W/FRC LIKELY GBI

COUNT: 002, for a further and separate cause of complaint, being a different offense from but connected in its commission with…

I concur in the judgment and in the opinion except as to Part VIII of the Discussion, as to which I concur in the result.*

Certified for Partial Publication. [*]

A jury convicted defendant Kenneth Lee Martinez of torture (count 1; Pen. Code, § 206; undesignated section references are to the Penal Code); five counts of assault by means of force likely to produce great bodily injury or with a deadly weapon (counts 2-6; § 245, subd. (a)(1)); corporal injury to a cohabitant (count 7; § 273.5); forcible rape (count 8; § 261, subd. (a)(2)); forcible oral copulation (count 9; § 288a, subd. (c)); criminal threats (count 11; § 422); dissuading a witness by force or threat (count 12; § 136.1, subd. (c)(1)); and false imprisonment by violence (count 13; § 236). The jury also found as to counts 7 through 9 that defendant personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)), and as to counts 8 and 9 that defendant inflicted torture and great bodily injury upon the victim (§ 667.61, subds.(a)/(d)(3), (b)/(e)(3)), personally used a deadly weapon, and personally inflicted great bodily injury (§ 667.61, subds.(b)/(e)(4), (a)/(e)(3)). [1]

The trial court sentenced defendant to a total term of 54 years, eight months to life in state prison. The court…