IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
THE PEOPLE,
Plaintiff and Respondent,
v.
KEVIN GREGORY EDDY,
Defendant and Appellant. | A117124
(Solano County
Super. Ct. No. FCR231484) |
Defendant and appellant Kevin Gregory Eddy pled no contest to 11 felony counts stemming from a violent sexual assault occurring over a four-hour period. He admitted all alleged prior conviction allegations and was sentenced to 300 years to life, plus three consecutive life terms, plus 23 years of enhancements. (Pen. Code,[1] 205, 220, 245, subd. (a)(1), (2), 261, subd. (a)(2), 273.5, subd. (a), 286, subd. (c)(2), 422, 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 12020, subd. (a)(1), 12021.1.) On appeal, Eddy argues that his overall sentence constitutes cruel and/or unusual punishment, and that sentencing for two offenses constitutes multiple punishments. We affirm the judgment, including the sentence.
I. FACTS
At the time of the incident, victim C.M. had recently ended a romantic relationship with appellant Kevin Gregory Eddy, although she did not force him to move out of her home. On March 25, 2006, C.M. returned from a ski trip and found that Eddy was angry that she had not answered his telephone calls. She reminded him that the relationship was over and ordered him to move out of the residence. Later that day, Eddy approached C.M. as she walked into her house and threatened her with a sawed-off shotgun. When she tried to run away to call the police, Eddy knocked her unconscious with the gun. C.M. awoke to find herself nude, face down and tied to the bed with electrical cord. Over the next few hours, Eddy repeatedly threatened, raped, sodomized and beat her. At the end of the ordeal, C.M. successfully convinced Eddy to set her free.
Later that day, Eddy telephoned his brother, telling him some of what had occurred and threatening to go on a shooting spree. His brother alerted the Vacaville police, who went to C.M.s home to conduct a welfare check. There the officers encountered Eddy and found a shotgun inside the residence. Eddy was arrested. While in custody and undergoing a physical examination in the presence of police, Eddy remarked that the pain of the examination was nothing compared to the pain [I] gave her. C.M. had admitted herself into a hospital; the officers located her and subsequently took her statement about the incident.
Eddy was charged by information with 11 counts, including two counts of assault with a firearm, and single counts of making criminal threats; possession of a deadly weapon; possession of a firearm with a prior conviction; assault by means likely to produce great bodily injury; forcible rape; forcible sodomy; assault with intent to commit rape; aggravated mayhem; and inflicting corporal injury on a cohabitant. ( 205, 220, 245, subd. (a)(1), (2), 261, subd. (a)(2), 273.5, subd. (a), 286, subd. (c)(2), 422, 12020, subd. (a)(1), 12021.1.) On each count Eddy was also alleged to have committed three prior felony convictions constituting strikes and/or enhancements. (See 667, 667.61, 1170.12, 12022.5, 12022.53, 12022.7.) The information alleged that in 1982, Eddy was convicted of assault with intent to commit rape and assault with a firearm, and in 1989 of assault with a semiautomatic firearm. ( 220, 245, subds. (a)(2), (b).)
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