Gibbs

Defendant was charged in count I, attempted murder (Pen. Code, §§ 187/664), count II, rape (Pen. Code, § 261, subds. (2), (3)), count III, assault by means of force likely to produce great bodily injury and with a deadly weapon (Pen. Code, § 245, subd. (a)), count IV, robbery (Pen. Code, § 211), count V, kidnaping (Pen. Code, § 207). As to counts I and V, a use of a deadly and dangerous weapon within the meaning of Penal Code section 12022, subdivision (b), was alleged. As to each count, intent to inflict great bodily injury within the meaning of Penal Code section 12022.7 or section 12022.8 was alleged. Two prior felony convictions within the meaning of Penal Code section 667.5, subdivisions (a) and (b), were also alleged. The verdicts found defendant guilty on all counts and allegations except as to count V, the weapon use was stricken.

The facts are that Laurie N. and a friend went to Jumbo’s bar. The two women had a drink and while at the table defendant came over and joined them. Defendant and Laurie had been previously introduced to each other by Laurie’s fiancé. They closed the bar and Laurie accepted a ride to pick up her daughter and then was to join her girl…