Jenkins

I

Introduction

Robert Lee Jenkins (Jenkins) appeals the judgment entered following his conviction by jury of two counts of torture (Pen. Code, § 206), one count of mayhem (Pen. Code, § 203), two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), one count of corporal injury to a cohabitant (§ 273.5, subd. (a)) and one count of possession of a firearm by a felon (§ 12021, subd. (a)). Various allegations relating to use of a deadly weapon (§ 12022, subd. (b)) and intentional infliction of great bodily injury (§ 12022.7) were found to be true.

Jenkins was sentenced to two consecutive life terms on the torture counts plus consecutive determinate terms on the felon firearm possession count and the deadly weapon use enhancement. Sentence on the corporal injury and assault with a deadly weapon count, and related enhancements, was stayed pursuant to section 654.

Jenkins’s contentions in this appeal are directed at challenging (1) the convictions for torture, (2) the court’s sua sponte responsibility to provide a jury with a unanimity instruction, and (3) the calculation of the terms of his sentence. We conclude, for reasons explained below, evidence was…