California Court of Appeal

Conviction for attempted murder, torture, burglary, active participation in a criminal street gang, and personally causing great bodily injury is affirmed as modified and remanded where: 1) the court did not err in admitting detective's testimony; 2) even if there were error, such error was harmless because it was not reasonably probable that a result more favorable to defendant would have been reached in the absence of any erroneous conclusion; 3) there was no surprise in allowing the amendment to charge torture in place of aggravated mayhem; 4) the trial court did not abuse its discretion in concluding that there was no prejudice to the defense in amending the pleadings; 5) section 12022.7, subdivision (b) of Assembly Bill No. 2173, enhancement applies to comatose victims, whether the state of their coma is permanent or not; and 6) the abstract of judgment erroneously indicated defendant was convicted of aggravated mayhem.

Appellate Information

• Decided 11/25/2008
• Published 11/25/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Patricia A. Scott, Alameda, under appointment by the Court of Appeal, for Defendant and Appellant Jesus Alberto Galvan., Janet J. Gray, under appointment by the Court of Appeal, for Defendant and Appellant Jose Roberto Zaiza., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Collette C. Cavalier, Deputy Attorneys General, for Plaintiff and Respondent.