Puckett

Defendant was charged with: (count I) assault on a girl under the age of 18 years, with intent to have sexual intercourse with her in violation of Penal Code section 220 (rape); and (count II) attempted burglary with intent to commit rape. After a jury trial, he was convicted of: (1) Assault with intent to commit rape; and (2) attempted burglary in the first degree. He has appealed; we reverse.

The evidence for the People was as follows:

On the evening of February 5, 1974, the alleged victim under count I, a girl 16 years of age, had attended night school, leaving the school at approximately 9:15 p.m. She drove to the vicinity of a restaurant where she was employed, parked her car on the street and checked some records at the restaurant. After a few minutes she returned to her car and started to drive home. Shortly, she was aware that the driver of a vehicle behind her was flashing the headlights of the vehicle on and off, in an apparent attempt to attract her attention. While she first thought that the driver was some youthful acquaintance, the persistence of the conduct ultimately frightened her and she drove faster, reaching her home driveway, where she left the car…