Stender

Defendant was found guilty, by jury, of burglary in the first degree (Pen. Code, § 459), rape (Pen. Code, § 261, subd. 3), kidnaping (Pen. Code, § 207) and attempted oral copulation (Pen. Code, § 288a). Imposition of sentence was suspended and three years probation granted. As a condition of probation defendant was to serve nine months in the county jail. A stay of execution on the jail sentence was granted to February 5, 1975.

Facts

In August 1973 Mrs. W., age 20, was staying with her mother in a residence on Balboa Island in Orange County. On August 11, 1973, at about 11 p.m. Mrs. W. was watching television in the living room while her mother slept in the bedroom. The front of the house consisted primarily of windows.

At about that time she observed defendant standing outside looking in the windows. At that point he walked away, but passed by two additional times. Mrs. W. then saw that he was standing in front of the house almost out of view. When she looked, he walked away. Mrs. W. locked the doors, resumed watching television and finally fell asleep on the couch.

She awoke about 2:30 a.m. to find defendant sitting by her side, holding both her arms and kissing…