P. v. Mena CA4/1
A jury found defendant Cesar Mena guilty of simple kidnapping (as a lesser included offense of aggravated kidnapping), torture, and assault with a deadly weapon. The trial court sentenced him to concurrent prison terms on the torture conviction (life with the possibility of parole) and kidnapping conviction (eight years), and imposed (but stayed under Penal Code section 654) a four-year term on the assault conviction. On appeal, Mena challenges the sufficiency of the evidence supporting his torture conviction. He also contends the trial court erred by not also staying under section 654 the sentence on his kidnapping conviction. These contentions are without merit. We therefore affirm, with directions to the trial court to correct a clerical error in the abstract of judgment.
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