Teroganesian

Zorak Teroganesian appeals from judgment entered following a jury trial in which he was convicted of use of a destructive device and explosive to destroy property, count 2, (Pen. Code, § 12303.3); explosion of a destructive device causing bodily injury, count 3, (Pen. Code, § 12309); and first degree burglary, count 4, (Pen. Code, § 459). He was sentenced to the middle term of seven years on count 3, the middle term of five years on count 2 and the middle term of four years on count 4, with a stay of sentence ordered on counts 2 an 4 pursuant to Penal Code section 654. He contends he cannot be convicted under Penal Code section 12309 when no victim was injured when the car bomb detonated.

Statement of Facts and Procedural History

On November 8, 1992, Teroganesian placed a pipe bomb beneath the passenger seat of a 1976 Oldsmobile Cutías owned by Leonid Kanter-Kantets and parked in a subterranean garage at 1047 Ogden Drive, West Hollywood. Kanter-Kantets did not know defendant and could think of no reason defendant would place a bomb in the automobile. The bomb detonated while Teroganesian was placing it in the car, blowing off a “good portion,” if not all, of his left…