Nash
People v. Nash
Opinion
Opinion
Woods, J.
Defendant was convicted of one count of kidnaping, three counts of rape, two counts of sodomy, and one count of forcible oral copulation. He appeals from the judgment of conviction, contending that the in-court identification of him by the victim, Cynthia B., should have been ruled inadmissible, as based on an unreasonable one-person showup; and that he was improperly sentenced. We reject both of these contentions and affirm the judgment.
Appellant was originally charged with 22 counts of kidnaping and sex offenses against four named victims. Five counts were dismissed prior to trial, and he was found not guilty of the offenses charged against two victims. He was convicted of having kidnaped and raped De Anna H. and having raped, sodomized and forcibly copulated Cynthia B. His contentions on appeal relate only to the Cynthia B. offense, and the relevant facts will be discussed in connection with the issues raised.
I
Miss B. testified that, on March 13, 1980, at approximately 9 p.m., she met appellant on the street, who began talking to her. He told her he had been stopped by the police for driving under the influence of alcohol and that he needed someone to drive him…