Le
People v. Tung Thanh Le
Opinion
Opinion
Wallin, J.
Defendants appeal their convictions of kidnaping for robbery (Pen. Code, § 207), forcible rape in concert (§ 264.1), forcible oral copulation in concert (§ 288a), attempted oral copulation in concert (§§ 664/ 288a), attempted sodomy in concert (§§ 664/286), robbery (§ 211) and assault with intent to commit rape (§ 220). Their consolidated appeals challenge several trial court rulings and raise various sentencing issues. Arguments raised by individual defendants are treated separately, while those raised by several defendants are combined and analyzed in a single discussion.
I.
Defendants were convicted of the following crimes committed against six victims:
1. Tamara
Tamara (age 20) was walking near Disneyland at 10:30 p.m. on July 7, 1980, when four oriental men in a car asked her for directions. When she approached the car, the men asked her for a date. Tamara said she would think about it and asked for a ride to her hotel. She identified Nguyen, Bo Pham and Dung Pham as passengers of the car.
Once inside the car, Nguyen pointed a large barrelled pistol at Tamara, threatened to kill her if she wouldn’t be quiet and told her they were going to Mexico. Almost an hour…