Hale

Godoy Anthony Hale appeals judgments following two jury trials. In the first trial, a jury convicted Hale of: (1) torture (Pen. Code, § 206 ); (2) first degree burglary (§ 459); (3) assault with a deadly weapon or instrument by force likely to produce great bodily injury (§ 245, subd. (a)(1)); (4) making a terrorist threat (§ 422); and (5) stalking (§ 646.9, subd. (a)). In the second trial, a jury convicted Hale of one count of solicitation of murder (§ 653f, subd. (b)) and acquitted him of a second count of the same crime.

On appeal, Hale contends: (1) the evidence was insufficient to support his conviction for torture; (2) assault with a deadly weapon or instrument by force likely to produce great bodily injury is a lesser included offense of torture, and therefore he was improperly convicted of both crimes; (3) in the first trial, his trial counsel provided ineffective assistance of counsel because she failed to move to exclude statements he made to a cellmate; (4) in the second trial, the trial court erroneously denied Hale’s motion to exclude statements he made to an investigator posing as a hit man; (5) the sentence for terrorist threats should be stayed pursuant…