Bestelmeyer

People v. Bestelmeyer

Good Law
166 Cal. App. 3d 520·1985 Cal. App. LEXIS 1854·212 Cal. Rptr. 605
Court of Appeal of CaliforniaApril 3, 1985Crim. 44384California3,125 words

Opinion

Opinion

Stevens, J.

Defendant was charged in a 33-count information with a variety of sex crimes. He was convicted of 25 of the offenses which included violations of Penal Code sections 286, subdivision (c), 288a, subdivision (c), 288, subdivision (b), and 289. He was sentenced to a total of 129 years in prison. In this appeal defendant contends that the lengthy sentence constitutes cruel and inhuman punishment in violation of state and federal Constitutions. He also contends that his confession was involuntary and should not have been received in evidence. We find no error in the record and affirm the judgment.

Facts

At the time of trial the defendant’s stepdaughter was 11 years old. The evidence showed that defendant had sexually abused the child repeatedly and over a long period of time before his arrest on August 17, 1982. We need not detail the sordid activities engaged in by the defendant except to note that they involved oral copulation, sodomy, the insertion of foreign objects in the child’s anus and other bizarre sexual conduct.

Following his arrest the defendant was interviewed by Sergeant Edstrom and Detective Cullen of the Simi Valley Police Department. After advising the…

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