P. v. Anderson CA2/2
Defendant Jerry Anderson was convicted of one count of torture (Pen. Code, § 206), one count of injuring a cohabitant (§ 273.5, subd. (a)), one count of making criminal threats (§ 422) and one count of false imprisonment by violence (§ 236). The jury found true the allegations that defendant personally inflicted injury on his cohabitant under circumstances involving domestic violence (§ 12022.7, subd. (e)) and personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)). The trial court sentenced defendant to life in prison for the torture conviction plus nine years for the criminal threats conviction and related enhancements. Punishment for the remaining convictions was stayed pursuant to section 654.
Defendant appeals, contending there is insufficient evidence to show he harbored the requisite intent for torture and further contending the trial court erred in failing to instruct the jury on battery and/or aggravated battery as lesser included offenses of torture.
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