Robinson

Defendant was convicted of forcible rape, forcible oral copulation, and robbery. Allegations in each of the three counts that he was armed with a deadly weapon within the meaning of Penal Code section 12022 were found true. Defendant was sentenced to consecutive -state prison sentences on the rape and robbery counts. He was sentenced to state prison on the other count concurrently. The allegations of use of a deadly weapon were incorporated in the judgment as eventually modified except for the count charging robbery.

On this appeal from the judgment, defendant contends: (1) a search which disclosed a coat described by the victim as worn by her assailant was illegal so that the trial court erroneously received the coat in evidence; (2) the trial court permitted improper rebuttal testimony by the prosecution; and (3) the sentence imposed is contrary to law in containing multiple findings of the armed allegation contrary to In re Culbreth (1976) 17 Cal.3d 330 [ 130 Cal.Rptr. 719 , 551 P.2d 23] and in violating the multiple punishment proscription of Penal Code section 654.

We conclude that: (1) error, if any, in receiving the coat in evidence is established as harmless…