Aguilar

Joel Ruelas Aguilar appeals his conviction for the crime of torture (Pen. Code, § 206). He challenges the constitutionality of section 206 on the grounds of vagueness and contends the trial court erred when it refused to instruct the jury that the crime of torture under section 206 requires the willful, deliberate, and premeditated intent to inflict prolonged pain. We join the Third and Fifth Appellate Districts in rejecting both arguments.

Appellant also argues the trial court’s instruction defining “reasonable doubt” lessened the prosecution’s burden of proof, thereby violating his right to due process. We hold that the “reasonable doubt” instruction at issue comports with constitutional due process requirements, and publish our opinion to dispel any uncertainty regarding the court’s position on this issue.

Accordingly, we will affirm the trial court’s judgment.

Background

As appellant does not attack the sufficiency of the evidence supporting his conviction, we need not discuss the underlying facts in detail. On May 14, 1996, the Marin County District Attorney filed an amended information charging appellant with a number of offenses, including one count of torture…