Riddle

Statement of the Case

Travis Ray Riddle, Jr., after trial by jury, was convicted of the following: Attempted murder (Pen. Code, §§664/187); robbery (§211); mayhem (§ 203); assault with firearm (3 counts) (§ 245, subd. (a)(2)); false imprisonment (5 counts) (§ 236); attempted forcible rape (§§ 664/261, subd. (2)); lewd and lascivious acts on child under 14 (§288, subd. (b)); forcible rape (3 counts) (§261, subd. (2)); sodomy (§286, subd. (c)) and oral copulation (2 counts) (§ 288a, subd. (c)).The jury found as true allegations of personal firearm use in the commission of these crimes. Riddle raises numerous issues on appeal from these convictions. We affirm, as modified, and remand for resentencing on one count.

Facts

The events in this case took place in Bombay Beach during the evening hours of October 15, 1983. Riddle, then age 17, and his sister, Sherry, age 13, were at home while their parents were away in Indio. Sherry invited Angela, age 13, Judy, age 13, and Lucius, age 10, over to the Riddle residence for a party. When they arrived, Riddle was drinking beer in the house. After a period of time, Angela left the Riddle residence with some of the other young…