Bergman

Statement of the Case

Following his conviction of second degree murder (Pen. Code, § 187), rape (§ 261, subds. (2) and (3)), forced oral copulation, (§ 288a, subd. (c)) and kidnaping (§ 207), Edwin Coe Bergman appeals from a judgment entered June 10, 1981.

The court sentenced appellant to state prison on the kidnaping count for an upper term of seven years enhanced by two years for use of a firearm. Upper terms of eight years each for the rape and oral copulation counts were imposed, to run consecutive to the sentence on the kidnaping count. The rape and the oral copulation sentences were each enhanced three years for use of a firearm. An indeterminate 15-year-to-life sentence for second degree murder was imposed and ordered to run consecutive to the sentences for kidnaping, rape and oral copulation. This sentence was enhanced by eight months—one-third the enhancement term for firearm use.

Appellant seeks reversal of the murder and kidnap convictions and seeks modification of the sentences imposed for the rape and forced oral copulation convictions.

On December 18, 1980, a six-count information was filed. Count I charged appellant with the murder of Tony Bass and…