Gutierrez

A jury found defendant guilty of forcible rape of Tianne H. (§ 261, subd. 3, Pen. Code) and that he acted in concert with another in violation of section 264.1, Penal Code (count I); forcing Tianne, a child under the age of 14 years and more than 10 years younger than he, to orally copulate him (§ 288a, subd. (c), Pen. Code) and that he acted in concert with another in violation of section 288a, subdivision (d), Penal Code (count II); lewd and lascivious acts on Tianne, a child under the age of 14 years (§ 288, Pen. Code) (count III) and false imprisonment (§ 236, Pen. Code), a lesser included offense in kidnaping (count V). He appeals from the judgment.

Robin, 19 years old, was 12-year-old Tianne’s baby sitter on July 30. Between 4 and 5 p.m. they hitchhiked from Northridge to Sylmar to see Robin’s sister and then to San Fernando Mall. Sometime after 9:30 p.m., they were walking down the street, not hitchhiking, when defendant and “Crazy,” who was driving a dark blue Chevrolet, approached them; Robin accepted their invitation to “cruise the Mall”; Tianne did not want to go, but got in the back seat with defendant because she did not know her way around San Fernando;…