P. v. Lopez
A jury convicted Tito Odilon Lopez of torture (Pen. Code, 206; count 1); assault and battery ( 240, 242; count 2)[2]; kidnapping with the infliction of great bodily injury causing permanent paralysis ( 207, subd. (a), 12022.7, subds. (b) & (e); count 3); forcible rape ( 261, subd. (a)(2); count 4); forcible oral copulation with the use of a deadly and dangerous weapon ( 288a, subd. (c), 667.61, subds. (b)(c) & (e), 12022.3, subd. (a); count 5); assault by means of force likely to produce great bodily injury ( 245, subd. (a)(1); count 6); assault with a deadly weapon ( 245, subd. (a)(1), 1192.7, subd. (c)(23); count 7); corporal injury to a spouse/roommate with the use of a deadly weapon ( 273.5, subd. (a); count 8); corporal injury to a spouse/roommate with infliction of great bodily injury causing permanent paralysis ( 273.5, subd. (a), 12022.7, subds. (b) & (e), 12022.9; count 9); making a criminal threat ( 422; count 10); and false imprisonment with use of a deadly weapon and infliction of great bodily injury causing permanent paralysis ( 236, 237, subd. (a), 12022, subd. (b)(1), 12022.7, subds. (b) & (e), 12022.9; count 11). The judgment is modified to strike the count 11 conviction and its attendant enhancements. The trial court is directed to amend the abstract of judgment accordingly and to forward an amended abstract to the Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.
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