People v. La Salle

By information, defendant was charged in counts I and II with the felony offenses of simple kidnaping in violation of Penal Code section 207. With respect to count II, it was alleged that defendant inflicted great bodily injury upon the victim within the meaning of Penal Code section 12022.7. In count III, defendant was charged with the felony offense of rape, a violation of Penal Code section 261, subdivision 3. In count IV, defendant was charged with the felony offense of grand theft from the person, in violation of Penal Code section 487, subdivision 2.

Defendant entered pleas of not guilty and was tried by a jury. During the trial, count IV was dismissed on motion of the People. Defendant was found guilty of the two offenses of kidnaping and of rape as charged. Defendant was sentenced to state prison with the sentence on count III made to run concurrently with that on count I. The sentence on count III was ordered stayed, the stay to become permanent upon service of the sentences on counts I and II. Defendant has appealed from the judgment.

Defendant raises the following contentions on appeal: (1) that there was insufficient evidence to support his conviction; (2)…