P. v. Bautista
Luis Manuel Bautista is serving a life sentence without the possibility of parole for the murder of Jesus Torres. This is his second appeal to this court. In the first appeal (People v. Bautista (Feb. 4, 2011, F058176) [nonpub. opn.], we affirmed the convictions for murder (Pen. Code, § 187, subd. (a)),[1] kidnapping (§ 207, subd. (a)), and robbery (§ 211). We reversed the conviction for arson causing great bodily injury (§ 451, subd. (a)) because it was not supported by substantial evidence. However, we ordered the trial court to enter a conviction for the lesser included offense of arson of property (the arson count) (§ 451, subd. (d)). We remanded the matter for resentencing on the arson count.
The trial court imposed an aggravated term of three years to run consecutively for the arson count. Bautista argues the trial court abused its discretion in doing so. We affirm the judgment. We will, however, remand the matter to the trial court to issue a corrected abstract of judgment.
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