P.

I.

INTRODUCTION

Defendant Jean Claude Aknin was convicted by jury of forcible rape, assault with intent to commit rape, and related charges and enhancements. In this appeal, he makes two principal arguments. First, he argues that his trial counsel was ineffective for failing to move to suppress certain evidence before trial and for failing to object to some testimony and alleged prosecutorial misconduct. Second, he argues that the evidence is insufficient to support the rape conviction. We reject these arguments, but we agree with the parties that the conviction of assault with intent to commit rape must be reversed because the crime is a lesser included offense of rape. We also agree with the People that the trial court erred in sentencing and that Aknin‟s sentence must be corrected.

1 Aknin also filed a petition for a writ of habeas corpus (No. A138091), asserting claims of ineffective assistance of trial counsel and prosecutorial misconduct. We address that petition in a separate order filed concurrently herewith.

II.

FACTUAL AND PROCEDURAL

BACKGROUND

A. The Facts The parties dispute many facts, but we begin by discussing some that are uncontroverted. After work…