People v. Hale

In People v. Hale (1999) 75 Cal. App. 4th 94, the defendant attacked his victim while she slept and struck her face twice with a ball peen hammer. The victim suffered cracked teeth, a split lip, and a cut below her eye. ( Id. at p. 106.) The defendant admitted he intended to assault (and possibly kill) the victim, but contended the evidence was insufficient to establish he intended to torture her. The court, rejecting this contention, affirmed the torture conviction because "it is reasonable for a jury to infer that by attacking the victim with a hammer at night when she was asleep in bed with her daughter beside her, Hale intended to cause the victim to suffer cruel physical pain as well as extreme anguish and terror." (Ibid.)