People v. Ento CA2/4

Filed 8/5/14 P. v. Ento CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B249450

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA057919) v.

MARK D. ENTO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Affirmed. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, James William Bilderback II, Steven E. Mercer, and Alene M. Games, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Appellant Mark D. Ento challenges his jury conviction of aggravated mayhem. He argues there was insufficient evidence the victim, Jessica Carranza, was permanently disfigured. We disagree and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY On November 7, 2012, appellant accused Carranza, with whom he had two children, of infidelity. During the ensuing argument, he hit, kicked, and choked her, and he burned her with a hot iron. Carranza sustained burns to her left forearm and shoulder, and to her right wrist. She was treated at a hospital, given pain medication, and released within hours. She wore a bandage on her wrist for several days and had to change the bandages on her left arm and shoulder every day for two weeks. She was advised to see a specialist but did not do so. Photographs of the burns before the treatment and on the day after the attack were introduced at appellant’s trial in May 2013. Carranza showed the jury her scars and testified they had not changed in appearance “for a couple of months.” Appellant was convicted of aggravated mayhem (Pen. Code, § 205, count 1),1 corporal injury to child’s parent (§ 273.5, subd. (a), count 2), and torture (§ 206, count 3), as charged. As to counts 1 and 3, the jury found true allegations that appellant used a dangerous or deadly weapon, an iron. (§ 12022, subd. (b)(1).)2 As to count 2, it found an alleged prior conviction under section 273.5 to be true. Appellant was sentenced to life in prison on count 1, and to consecutive terms of one year on the weapon enhancement for that count and four years on count 2. The sentence on count 3 and the enhancement for that count were stayed. This appeal followed.