Robinson

Defendant Renee Robinson was charged with both aggravated mayhem, in violation of Penal Code section 205, and mayhem, in violation of Penal Code section 203 (sometimes hereafter called simple mayhem). Both charges were based on a single incident in which defendant poured scalding water over her husband’s head, resulting in serious bums to his face and various parts of his body, with residual scarring. She contends that she could not be convicted of both offenses based on the same act because simple mayhem is a lesser included offense of aggravated mayhem.

The argument defendant originally made has been nullified by People v. Santana (2013) 56 Cal.4th 999 [ 157 Cal.Rptr.3d 547 , 301 P.3d 1157 ], which was decided after the conclusion of the initial briefing in this case. However, after supplemental briefing requested by the court and further oral argument, we conclude that Penal Code section 203 is a necessarily included lesser offense of section 205. Accordingly, we will reverse defendant’s conviction for violation of section 203. We will also direct the trial court to correct defendant’s sentence as discussed below.

PROCEDURAL HISTORY

Defendant was charged with…