Full title: THE PEOPLE, Plaintiff and Respondent, v. CATHERINE KIEU, Defendant and…
Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE
CASE NO: G048645
Date published: Jul 28, 2014
FACT:
Catherine Kieu, the defendant, drugged her husband’s food with sleeping medication, tied him to the bed, cut off his penis, and disposed of it in a garbage disposal. She then called 911 and held a towel to stop the bleeding.
Issue:
The primary issues in this case are:
- Whether there was sufficient evidence to support the conviction of torture, specifically whether defendant intended to cause cruel or extreme pain and suffering.
- Whether the trial court erred in sentencing defendant concurrently for both aggravated mayhem and torture under section 654 of the Penal Code.
- Whether defendant was entitled to presentence conduct credits under section 2933.1.
Decision:
- The court found that there was sufficient evidence to support the conviction of torture. Despite defendant’s argument that she did not intend to cause extreme pain and suffering, the jury could reasonably infer her intent based on her actions and statements during the incident.
- The court held that section 654 applied, as defendant’s actions were part of a single course of conduct with the objective of punishing the victim by destroying his penis. Therefore, the sentence for torture was stayed.
- The court found that defendant was entitled to presentence conduct credits under section 2933.1 and ordered the judgment to be amended accordingly, adding 108 days of conduct credits.
