Turner

A jury convicted Jacob Turner III (Turner) of rape and kidnapping with use of a firearm, and attempted rape. (Pen. Code, §§ 261, subd. (2), 207, subd. (a), 12022.5, subd. (a), 664.) The court found Turner had sustained prior convictions for rape, residential burglary, and felonious assault and sentenced him to 17 years in prison. (Pen. Code, §§ 667, subd. (a), 667.5, subd. (b).) In the published portion of this opinion, we find the trial court properly admitted the preliminary hearing testimony of a victim who was medically unavailable to testify at trial. In the unpublished portion of the opinion we reject Turner’s remaining claims of error. We affirm the judgment.

Facts

Turner does not challenge the sufficiency of the evidence. On January 25, 1983, Turner approached Roeshell N. at a bus stop in South Los Angeles, introduced himself, and offered her a ride. When Ms. N. accepted, Turner instead drove to Exposition Park and tried to rape her. Ms. N. pushed him away, escaped, and summoned help.

About 7:30 a.m. on July 9, 1983, Turner approached Bedetha W. at a bus stop and offered her a ride. Ms. W. declined and Turner drove off. Turner returned, ordered Ms. W. into the…