P. v. Garrett
A jury convicted James L. Abbott, Jr. (Abbott) and Clifford R. Garrett (Garrett) of attempted murder (Pen. Code, 664 & 187),[1]burglary ( 459), torture ( 206), mayhem ( 205) and assault with a deadly weapon ( 245, subd. (a)(1)). As to Abbott, the jury further found that he inflicted serious bodily injury ( 12022.7, subd. (a)) and used a deadly weapon ( 12022, subd. (b)(1)) during the attempted murder and aggravated assault, and he used a deadly weapon during the torture and mayhem. In bifurcated proceedings, Abbott admitted having suffered two prior convictions for which he served prison terms ( 667.5, subd. (b)), two prior serious convictions ( 667, subd. (a)) and three strikes ( 667, subds. (c) & (e)). Garrett admitted having suffered four prior convictions for which he served prison terms. Abbott was sentenced to prison for 27-years-to-life plus 15 years and Garrett to life plus four years. The defendants appeal, making a number of arguments, all of which we reject. Therefore, we affirm Abbotts judgment, while directing the trial court to make an addition to his abstract of judgment. Court also affirm Garretts judgment, except that Court remand the matter so he can be sentenced for his burglary conviction, which the trial court neglected to do.
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