People v. Lopez CA5

INTRODUCTION

Jose Martin Lopez was convicted at the conclusion of a jury trial of six counts of torture (Pen. Code,1 § 206, counts 1–6), mayhem (§ 203, count 8), corporal injury to the mother of his children (§ 273.5, subd. (a), count 9), two counts of assault with a deadly weapon (§ 245, subd. (a)(1), counts 10 & 11), and false imprisonment with violence (§ 236, count 12). In count 7, the jury acquitted defendant of attempted murder (§§ 664, 187, subd. (a)), but found him guilty of the lesser included offense of attempted voluntary manslaughter (§§ 664, 192, subd. (a)). The jury also found true the great bodily injury allegations alleged as to each count. With the exception of count 8, defendant was sentenced to a determinate sentence of 20 years 10 months on counts 7 through 12, including the enhancements for great bodily injury. With the exception of count 2, defendant was sentenced on counts 1 through 6 to a determinate sentence of 25 years for the great bodily injury enhancements and to consecutive indeterminate sentences of life with the possibility for parole.2 On appeal, defendant contends there was insufficient evidence to support the true finding that he committed great…