P. v. Clark CA2/2
Defendant and appellant Stephen Eugene Clark (defendant) appeals from the judgment entered upon his conviction of multiple felonies including attempted murder, aggravated assault, burglary, and torture. He contends that the sentence imposed on the burglary conviction must be stayed; that the facts underlying the determination of whether or not to stay the burglary sentence should have been made by the jury; that the trial court erred in failing to give an instruction on battery with serious bodily injury as a lesser included offense of torture; and that the conviction of assault by means of force likely to produce great bodily injury must be stricken as a lesser included offense of torture. Finding no merit to defendant’s contentions, we affirm the judgment.
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