MISA

McINTYRE, J.

Vince V. Misa appeals a judgment arising out of his conviction of one count of torture and two counts of assault with a deadly weapon and by means of force likely to cause great bodily injury. He contends that: (1) there was insufficient evidence to support his conviction of torture; (2) the torture statute (Pen.Code, § 206) is unconstitutionally vague; and (3) the court improperly imposed a serious felony prior enhancement twice, once on the torture count and once on the second assault count. (All statutory references are to the Penal Code unless otherwise specified.) We conclude that Misa's arguments are unavailing and affirm the judgment.

In the early morning hours of April 25, 2004, Misa, Billy Newton, Joe Salazar, Kevin Hoock, Isaiah Coates and Dale Logie were smoking or "shooting up" methamphetamine at Logie's Oceanside apartment. After they ran out of drugs, Logie left to get more; shortly after Logie returned, Misa, Newton and Salazar left, taking some of the drugs with them. Just after dawn, Misa, Newton and Salazar returned to Logie's apartment. Salazar and Misa were each upset with Hoock, who had apparently stolen some items belonging to them.

Misa, who…

The crime of torture as codified in Penal Code section 206 was adopted by the voters as Proposition 115 in response to the facts of People v. Singleton (1980) 112 Cal.App.3d 418 [ 169 Cal.Rptr. 333 ] (Singleton). (People v. Pre (2004) 117 Cal.App.4th 413, 425 [ 11 Cal.Rptr.3d 739 ] (conc. & dis. opn. of McIntyre, J.) (Pre).) There, the defendant was sentenced to 14 years four months in prison for kidnapping and sexually abusing *848 his victim and then chopping off her hands and dumping her in a ditch in a remote location; he gained public notoriety when he was paroled after serving just seven years. In response, Proposition 115 created a new crime of torture “ 1 “to insure that crimes such as Singleton’s receive a minimum punishment of life imprisonment.” ’ ” (Pre, supra, 117 Cal.App.4th at p. 425 (conc. & dis. opn. of McIntyre, J.), quoting People v. Jung (1999) 71 Cal.App.4th 1036, 1048 [ 84 Cal.Rptr.2d 5 ] (dis. opn. of Armstrong, J.).)

Notwithstanding the originally proffered basis for Proposition 115, very few, if any, of the cases upholding torture convictions have involved facts analogous to those of Singleton . While I continue to believe that Penal Code section 206 was…

*840 Opinion

Vince V. Misa appeals a judgment arising out of his conviction of one count of torture and two counts of assault with a deadly weapon and by means of force likely to cause great bodily injury. He contends that: (1) there was insufficient evidence to support his conviction of torture; (2) the torture statute (Pen. Code, § 206) is unconstitutionally vague; and (3) the court improperly imposed a serious felony prior enhancement twice, once on the torture count and once on the second assault count. (All statutory references are to the Penal Code unless otherwise specified.) We conclude that Misa’s arguments are unavailing and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In the early morning hours of April 25, 2004, Misa, Billy Newton, Joe Salazar, Kevin Hoock, Isaiah Coates and Dale Logie were smoking or “shooting up” methamphetamine at Logie’s Oceanside apartment. After they ran out of drugs, Logie left to get more; shortly after Logie returned, Misa, Newton and Salazar left, taking some of the drugs with them. Just after dawn, Misa, Newton and Salazar returned to Logie’s apartment. Salazar and Misa were each upset with Hoock, who had apparently stolen some…