Jenkins's contentions in this appeal are directed at challenging (1) the convictions for torture, (2) the court's sua sponte responsibility to provide a jury with a unanimity instruction, and (3) the calculation of the terms of his sentence. Sentence on the corporal injury and assault with a deadly weapon count, and related enhancements, was stayed pursuant to section 654.
Jenkins was sentenced to two consecutive life terms on the torture counts plus consecutive determinate terms on the felon firearm possession count and the deadly weapon use enhancement. (b)) and intentional infliction of great bodily injury (Pen.Code, § 12022.7) were found to be true. 1 Various allegations relating to use of a deadly weapon (Pen.Code, § 12022, subd. (a)) and one count of possession of a firearm by a felon (Pen.Code, § 12021, subd. (a)(1)), one count of corporal injury to a cohabitant (Pen.Code, § 273.5, subd. Robert Lee Jenkins (Jenkins) appeals the judgment entered following his conviction by jury of two counts of torture (Pen.Code, § 206), one count of mayhem (Pen.Code, § 203), two counts of assault with a deadly weapon (Pen.Code, § 245, subd.
Glassman and Karen Chappelle, Deputy Attys. Robert Derham, San Francisco, under appointment by the Court of Appeal, for defendant and appellant. Robert Lee JENKINS, Defendant and Appellant. Court of Appeal, Second District, Division 3, California.
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