Moran

By information, defendant was charged in count I with kidnaping one Sharon T. (Pen. Code, § 207), in count II, with forcing Sharon T. to commit an act of oral copulation (Pen. Code, § 288 a), in count III, with kidnaping one Karen G. (Pen. Code, § 207), in count IV, with raping Karen G. (Pen. Code, § 261, subd. 2) and with being armed with a deadly weapon, and in count V, with raping one Marilyn K. (Pen. Code, § 261, subd. 2). Defendant pleaded not guilty, and defendant’s motion to sever the counts for trial was denied. The information was then amended to add count VI, in which defendant was charged with assaulting Marilyn K. with the intent to commit rape (Pen. Code, § 220). Defendant pleaded not guilty to count VI, and defendant’s motion pursuant to Penal Code section 995 to set aside count I and count III was denied. Defendant was tried before a jury, and at the conclusion of the prosecution’s case, defendant moved for acquittal on count I, count HI, count IV, and count V. (Pen. Code, § 1118.1.) Defendant’s motion was granted as to count I and count HI, but was denied as to count IV and count V. Later in the trial, the People moved the court to vacate the court’s…