Zavala

Erie Jones was punched, knocked out, and tied by his hands and feet, and he was beaten beyond recognition, stripped of his clothing, and shocked with electricity, and he was sodomized with a tool handle, put into the trunk of a car, and driven to a remote area, and he was dragged into a field and shot 10 times at close range, and he bled to death. Gerardo Zavala admitted to a detective his involvement in some, but not all, of the acts of abuse. After two jury trials led to an acquittal on one charge and mistrials on all other charges, a third jury found him guilty of second degree murder, torture, and kidnapping and found two firearm allegations true. The trial court sentenced him to 18 years to life. We will affirm the judgment.

PROCEDURAL HISTORY

On February 8, 2006, a second amended information charged Zavala with, inter alia, first degree murder (count 1), torture (count 2), and kidnapping (count 3). (Pen. Code, §§ 187, subd. (a), 206, 207, subd. (a), 289, subd. (a), 12022, subd. (a)(1), (2).) On October 24, 2006, a jury found him not guilty of first degree murder, found him guilty of the lesser included offense of second degree murder (count 1), guilty of torture…