P. v. Arroyo CA4/1
Defendant Robert Perez Arroyo, Jr., appeals from a judgment, following convictions on three counts: attempted manslaughter, as a lesser included offense of attempted murder (Pen. Code, §§ 664, 187; count 1); mayhem (§ 203; count 2); and burglary (§ 459; count 3). Based on the four issues Arroyo raises in this appeal, we will conclude as follows: the record contains substantial evidence to support the mayhem conviction; the trial court did not err in failing to give a unanimity instruction; and the court should have stayed the punishments for mayhem and burglary.
Accordingly, we will modify the judgment to stay the sentence on counts 2 (mayhem) and 3 (burglary) and, as modified, affirm the judgment.
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