Newby

Defendant William Robert Newby was tried by jury and convicted of aggravated mayhem, infliction of corporal injury on a cohabitant, battery, criminal threats, and grand theft. The trial court sentenced defendant to an indeterminate term of life in prison with the possibility of parole on the aggravated mayhem, plus a consecutive term of two years on the grand theft. The trial court stayed imposition of sentence on the other counts.

On appeal, defendant contends that the trial court prejudicially erred in instructing the jury, pursuant to CALCRIM No. 800, that a “disfiguring injury may be permanent even if it can be repaired by medical procedures.” Defendant further contends that consecutive sentencing on the grand theft count contravened his Sixth Amendment rights under Apprendi v. New Jersey (2000) 530 U.S. 466 [ 147 L.Ed.2d 435 , 120 S.Ct. 2348 ] and its progeny.

As will be explained more fully below, both of defendant’s contentions must fail. We affirm the judgment.

Facts and Proceedings

Defendant was informed by his fiancée, Julie H., that she was leaving him. Defendant’s response was to grab Julie by the throat and punch her in the face several times with his…