Cooper

By amended information, appellant, Buford Troy Cooper, together with his codefendant, Phillip Leon Bridges, not a party to this appeal, was charged in count I with assault with intent to commit rape (Pen. Code, § 220), in count II with assault with intent to commit robbery (also Pen. Code, § 220), in count III with kidnapping for the purpose of committing robbery (Pen. Code, § 209), in count IV with robbery (Pen. Code, § 211), and in count V with assault with a deadly weapon (Pen. Code, § 245). Cooper pleaded not guilty to the five counts charged against him. At the conclusion of the People’s case, the court granted his motion for acquittal, made pursuant to Penal Code section 1118.1, as to counts II and IV. The jury found him not guilty of kidnapping as charged in count III, guilty of assault with a deadly weapon as charged in count V, and was unable to reach a verdict on the charge of assault with intent to commit rape alleged in count I. The People’s motion to dismiss count I in the furtherance of justice was granted. The appeal is from the judgment of conviction on count V, assault with a deadly weapon.

On appeal, appellant does not question the sufficiency of the…