Masten

Appellants Henry Ray Masten and Freddie James Matilton were each charged by information with one count of kidnaping, rape, oral copulation, and two counts of assault with a deadly weapon. (Pen. Code, §§ 207, 261; 288a, subd. (c); 245, subd. (a).) Each count alleged that Matilton used and Masten was armed with a firearm. (Pen. Code, §§ 12022.5; 12022, subd. (a).)

Appellant Matilton pleaded guilty to one count of kidnaping, one count of assault and being armed with a deadly weapon. He was sentenced to 10 years in state prison.

A jury convicted appellant Masten of rape, oral copulation and kidnaping. The latter conviction was enhanced due to a finding that Masten was armed with a firearm. His sentence totalled 17 years and 8 months.

Both Matilton and Masten appeal.

The record shows that on the evening of October 29, 1980, Helena M. and her husband Tito drove the short distance from their home to a spot on the banks of the Trinity River. After approximately a half hour, they attempted to leave but discovered that their car would not start.

Shortly thereafter, Tito fell asleep and Helena began walking toward then-home to get help. On the road, she flagged down a pickup…