Gill

People v. Gill

Good Law
159 Cal. App. 4th 149·2008 Cal. App. LEXIS 109·70 Cal. Rptr. 3d 850
Court of Appeal of CaliforniaJanuary 22, 2008C051108California4,973 words

Opinion

Opinion

Cantil-Sakauye, J.

In January 2004, defendant Andrew Wright Gill and his wife T.G. were having marital problems. T.G. gave defendant until the end of the month to find a job and get help for his depression. On the morning of January 31, 2004, T.G. told defendant to leave the house. Defendant left but returned to break into the house and threaten, assault, sexually abuse and kidnap T.G.

A jury convicted defendant of 10 felonies: kidnapping to commit spousal rape, rape by a foreign object and forcible oral copulation (Pen. Code, § 209, subd.(b)(1) —count 1); spousal rape (§ 262, subd. (a)(1)—count 2); rape by a foreign object (§ 289, subd. (a)(1)—counts 3 & 4); forcible oral copulation (§ 288a, subd. (c)(2)—count 5); making criminal threats (§ 422—count 6); attempted rape by a foreign object (§§ 664 & 289, subd. (a)—count 7); infliction of corporal injury on a spouse (§ 273.5, subd. (a)—count 8); cutting a utility line (§ 591—count 9); and residential burglary (§ 459—count 10). The jury also found true four special allegations relating to the sex crimes (§§ 667.61, subds. (a), (d)(2), (4), (e)(1), (6), 667.8, subd. (a).) The court sentenced defendant to an aggregate term of 64 years eight…

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