Pre

I agree with the majority’s analyses of Pre’s contentions on appeal, except as to the sufficiency of the evidence to support the jury’s finding that Pre acted with the specific intent to cause cruel or extreme pain or that he acted for revenge, persuasion or any sadistic purpose. On this latter issue, I respectfully dissent.

The crime of torture was codified in California in June 1990, when the California electorate passed Proposition 115 in response to the facts in People v. Singleton (1980) 112 Cal.App.3d 418 [ 169 Cal.Rptr. 333 ]. (People v. Jung (1999) 71 Cal.App.4th 1036, 1044 [ 84 Cal.Rptr.2d 5 ] (dis. opn. of Armstrong, J.).) In that case, Singleton kidnapped and sexually abused his victim, then chopped off her hands and dumped her in a ditch in a remote location. He was later charged with and convicted of attempted murder, mayhem, kidnapping and multiple sex crimes, which resulted in a sentence of fourteen years, four months in prison. Singleton was paroled after having served just seven years in prison and thereafter the new crime of torture was included in “Proposition 115 ‘to insure that crimes such as Singleton’s receive a minimum punishment of life imprisonment.’ ”…

Reynante Pre appeals a judgment entered after a jury convicted him of attempted voluntary manslaughter (Pen. Code, 1 §§ 664, 192 subd. (a)), simple mayhem (§ 203), torture (§ 206), first degree robbery (§ 211) and residential burglary (§ 459). He contends that the trial court erred by (1) admitting evidence of his statements to the police, which he contends were taken in violation of his constitutional rights; (2) failing to instruct the jury regarding battery resulting in serious bodily injury, which he contends was a lesser included offense of the torture and the aggravated mayhem charges against him; and (3) responding to a question from the jury by directing the jurors to review the existing instructions. He also contends that (4) there was insufficient evidence to support his conviction for torture and (5) the abstract of judgment erroneously indicates that count 3 charged mayhem when it in fact was a torture charge. We find merit to Pre’s last contention and order the abstract of judgment to be corrected. In all other respects, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On March 26, 1999, G. Rose returned to her apartment in a gated community after…

Certified for Partial Publication [*]

McCONNELL, P.J.

Reynante Pre appeals a judgment entered after a jury convicted him of attempted voluntary manslaughter (Pen.Code, [1] §§ 664, 192 subd. (a)), simple mayhem (§ 203), torture (§ 206), first-degree robbery (§ 211) and residential burglary (§ 459). He contends that the trial court erred by (1) admitting evidence of his statements to the police, which he contends were taken in violation of his constitutional rights; (2) failing to instruct the jury regarding battery resulting in serious bodily injury, which he contends was a lesser included offense of the torture and the aggravated mayhem charges against him; and (3) responding to a question from the jury by directing the jurors to review the existing instructions. He also contends that (4) there was insufficient evidence to support his conviction for torture and (5) the abstract of judgment erroneously indicates that count 3 charged mayhem when it in fact was a torture charge. We find merit to Pre's last contention and order the abstract of judgment to be corrected. In all other respects, we affirm the judgment.

On March 26, 1999, G. Rose returned to her apartment in a gated…