P. v. Guzman
Appellant Jose Manuel Guzman was convicted, following a jury trial, of one count of robbery in violation of Penal Code section 211,[1] one account of assault with a firearm in violation of section 245, subdivision (a)(2), one count of aggravated mayhem in violation of section 205 and one count of torture in violation of section 206. The jury found true the allegations that appellant committed the crimes for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C), and the allegations that a principal personally and intentionally discharged a firearm in the commission of the robbery, mayhem and torture within the meaning of section 12022.53, subdivisions (b), (c), (d) and (e)(1). The trial court sentenced appellant to life with the possibility of parole for the torture conviction, plus 25 years to life in state prison for the firearm and gang allegations. The court stayed sentence on the other counts pursuant to section 654.
Appellant appeals from the judgment of conviction, contending that there is insufficient evidence to support the mayhem and torture convictions and the true finding on the gang enhancement. Respondent contends that the abstract of judgment should be corrected to reflect the trial court's oral pronouncement of sentence. We order the correction and affirm the judgment of conviction in all other respects.
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