Blackburn

This appeal from a judgment of conviction of one count of rape and two counts of kidnaping raises the constitutionality of the 1974 amendments to the Evidence Code limiting admissibility of evidence of sexual conduct of the victim of rape. It raises, also, the sufficiency of an offer of proof made by defendant at trial pursuant to Evidence Code section 782 to require a formal hearing on the admissibility of evidence of sexual conduct of the victim to attack' her credibility, and the issue of sufficiency of evidence of kidnaping produced at the preliminary hearing to hold defendant for trial, Concluding that the 1974 additions to the Evidence Code are constitutional, that defendant’s offer of proof was insufficient, and that the evidence at the preliminary hearing was adequate to hold defendant to trial on the kidnaping counts, we affirm the judgment.

Evidence Code Sections 1103 and 782

Defendant was charged with forcible rape of Deborah M. and with kidnaping Deborah and Alfred A. At a jury trial, the prosecution’s evidence established that defendant and three others had accosted Deborah as she walked with 10-year-old Alfred and forced Deborah and Alfred some 500 feet…