Villa

In this case we find that the prosecutor acted unprofessionally, indeed childishly, on several occasions at trial. Only due to the overwhelming evidence of guilt do we find that his misconduct does not justify reversal.

Michael John Villa was convicted by a jury of assault with intent to commit rape (Pen. Code, § 220) and false imprisonment by means of force or menace (Pen. Code, §§ 236-237). He was sentenced to the upper term of six years for the first offense and to three years for the latter offense, execution of which was stayed (Pen. Code, § 654).

Witnesses called by the prosecution described the following pertinent events. At approximately 2:15 a.m. on the morning of March 6, 1979, Ann M., a purser and head flight attendant for Pan Am Airlines returned to her condominium complex in Mountain View after spending an evening with a colleague. She paid no attention to a car that entered the parking lot behind her and, in a hurry to get upstairs, she parked just outside her entrance rather than in the security area beneath the building. A man grabbed her before she reached her apartment, put his hand over her mouth and pulled her to the side of the building. She…