Farmer

Defendant was charged with (count I) kidnaping, in violation of section 207 of the Penal Code. Counts II and III charged assault with a deadly weapon; count IV charged burglary. After a trial by jury, he was found not guilty on count IV, but guilty on counts I, II and III. He was sentenced to the upper term of seven years on count I, enhanced by three years for the great bodily injury allegation. On the assault counts he was sentenced to the upper term of four years, to run concurrent with the sentence on count I. The total sentence was 10 years; 131 days custody and good time/work time credit was allowed.

The case for the People showed that defendant and the victim had lived together for some time, but had broken up and the victim was living with her young son and her sister. Defendant secured admission to the victim’s home, kidnaped her at the point of a knife, took her to his own home and there assaulted her with a hot knife inflicting a severe burn on her arm. He also tied her up with a rope and towel, and hit her across the back and legs with a belt.

On this appeal, defendant does not attack the verdicts of guilty; he makes one attack on the sentence and attacks…