P. v. Lemus 9/20/04 CA4/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: D042549

Case Date: 09/21/2004

Preview:Filed 9/20/04

CERTIFIED FOR PARTIAL PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

THE PEOPLE, Plaintiff and Respondent, v. JUAN CARLOS LEMUS, Defendant and Appellant.

D042549

(Super. Ct. No. SCS170426)

APPEAL from a judgment of the Superior Court of San Diego County, Margie G. Woods, Judge. Affirmed in part, reversed in part and remanded. Koryn & Koryn and Daniel G. Koryn, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry J.T. Carlton and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent.

Pursuant to California Rules of Court, rule 976.1, this opinion is certified for publication with the exception of parts I, II and III.

A jury convicted Juan Carlos Lemus of torture (Pen. Code,1

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