Ramirez

Defendant appeals from a judgment imposing sentence following verdicts finding him guilty of kidnaping, assault with intent to commit rape and attempted'rape.

Contentions on Appeal

Defendant’s contention may be summarized as follows: The evidence is insufficient to support any of the verdicts.

Assault with intent to commit rape includes the offense of attempted rape, so that the conviction of the latter may not stand.

In a supplemental brief filed in propria persona, defendant inferentially argues the inadequacy of trial counsel.

In that brief he urges that the sentences imposed on counts III and IV may not stand, even though execution of the sentences has been stayed. We give hereafter our reasons for holding the sentence on count IV may not stand. However, the objection made by defendant has been considered in People v. Johnson, 242 Cal.App.2d 870, 876-877 [ 52 Cal.Rptr. 38 ], and People v. Niles, 227 Cal.App.2d 749, 755 [ 39 Cal.Rptr. 11 ], and in those cases the method used by the trial court was held to be permissible.

Sufficiency of the Evidence

The evidence in support of the verdicts is sufficient.

At about 2:30 a.m., Thelma D., the victim, drove her car…