P. v. Broyles
On the morning of January 29, 2008, a simmering disagreement between defendant Roger Troy Broyles and Richard Koenig exploded into violence when defendant attacked Koenig and put him into a two-month coma with multiple skull and rib fractures and severe internal injuries. As a result, defendant was charged with, and a jury convicted him of five crimes: assault by means of force likely to cause great bodily injury and involving the personal infliction of great bodily injury resulting in coma (Pen. Code, §§ 245, subd. (a)(1)), 12022.7, subds. (a), (b); subsequent statutory references are to the Penal Code); battery involving the infliction of serious bodily injury (§ 243, subd. (d)); torture (§ 206); mayhem involving the personal infliction of great bodily injury resulting in coma (§§ 203, 12022.7, subds. (a) & (b)); and felony vandalism. (§ 594, subd. (b)(1).) The jury also found true an allegation that defendant had suffered a prior felony conviction. (§§ 667, 1170.12.) The trial court sentenced to state prison for an aggregate term of life plus 52 years.
On this timely appeal, defendant presents a single contention: he could not properly be convicted on the assault and battery charges because they are lesser included offenses of torture. We reject the contention, and we affirm.
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