P. v. Nero CA1/2
Appellant Mark William Nero was convicted following a jury trial of assault with a deadly weapon, second degree robbery, and mayhem. On appeal, he contends (1) substantial evidence does not support the mayhem conviction because no evidence was presented at trial proving that the disfigurement to the victim’s face was permanent; (2) the court erred when it imposed a great bodily injury enhancement under Penal Code section 12022.7 on the mayhem count; and (3) the court erred and violated section 654 when it imposed separate punishments for the mayhem, assault with a deadly weapon, and robbery convictions. Respondent agrees that the court erred when it imposed the great bodily injury enhancement on the mayhem count, but argues that the court also erred when it stayed the punishment on the great bodily injury enhancement attached to the robbery count.
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