P. v. Martinez
A jury found Robert Martinez guilty of mayhem (Pen. Code,[1] § 203) and battery causing serious bodily injury (§ 243, subd. (d)), both as lesser included offenses of aggravated mayhem (§ 205; count 1). The jury also found Martinez guilty of assault by means likely to produce great bodily injury (§ 245, subd. (a)(1); count 2) and found true an allegation he personally inflicted the great bodily injury (§§ 1192.7, subd. (c)(8) & 12022.7, subd. (a)). Martinez additionally admitted having a prior prison commitment conviction (§ 667.5, subd. (b)). The court subsequently set aside the battery with great bodily injury conviction and sentenced him to a total term of nine years in prison.
Martinez appeals, contending the court erroneously admitted cumulative and prejudicial identification evidence, there was insufficient evidence of disfigurement or disability to support the mayhem conviction, the court erroneously failed to instruct the jury on multiple causation, the court erroneously imposed an excessive fine and fee, and the abstract of judgment does not conform to the court's oral pronouncement of judgment.
The People concede the latter two errors and we shall direct the court to modify the abstract of judgment to correct them. We affirm the judgment in all other respects.
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