MacIel

Defendant, Abraham Maciel, was convicted by jury of multiple crimes, including four violent sex offenses. His contentions on appeal are (1) the erroneous admission into evidence of his tape-recorded statement, (2) insufficiency of the evidence to support his conviction of the sex offenses, and (3) sentencing error in that the trial court imposed two weapons enhancements pursuant to Penal Code section 12022.3 for the same crime. We will affirm but modify the judgment because of sentencing error.

The Case

Defendant was charged by amended information with nine felony counts as follows: Count I, burglary (§ 459); count II, robbery in an inhabited dwelling (§ 213.5); count III, aiding and abetting a forcible rape (§ 264.1); count IV, forcible rape in concert (§ 264.1); count V, forcible oral copulation (§ 288a, subd. (d)); count VI, sodomy by force (§ 286, subd. (d)); count VII, false imprisonment of Mrs. L. (§ 236); count VIH, false imprisonment of Mr. L. (§ 236); and count IX, attempted extortion (§§ 664, 518 and 664, 520).

Counts I, H, VH and VIII all contained allegations that a principal was armed with a rifle within the meaning of section 12022, subdivision (a), and…