People v. Edwards CA4/2

I.

INTRODUCTION

A jury convicted defendant and appellant Brian Anthony Edwards of five counts

after he severely beat and tortured his wife. The trial court sentenced him to a term of

nine years and eight months in prison.

Defendant contends the trial court erroneously refused to stay the sentences on two 1 counts under Penal Code section 654 and that the matter must be remanded for

resentencing under recently enacted legislation. The People agree, as do we, that a

remand is appropriate, but we reject defendant’s remaining argument. We therefore

affirm the judgment of conviction, vacate defendant’s sentence in part, and remand for

resentencing.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Law enforcement was dispatched to defendant’s apartment, where he lived with

his wife, Jane Doe, and their daughters, then ages four and four months. When Doe

answered the door, the officers noticed she had injuries on her face and had trouble 2 walking.

1 All further statutory references are to the Penal Code.

2 The facts below are drawn from Doe’s recorded interview with the officers, which was played for the jury. Doe recanted her statements to the officers at trial and said she had…