Sheppard

After a trial by jury, defendant was found guilty on all five counts of an information charging him as follows: count I—kidnaping for the purpose of robbery, in violation of section 209, Penal Code; count II—robbery, in violation of section 211 of the Penal Code; count III—rape, in violation of section 261, subdivision 3 of the Penal Code; count IV—grand theft, in violation of section 487, subdivision 3 of the Penal Code; and count V—assault with a deadly weapon, in violation of section 245 of the Penal Code. He was sentenced to state prison for life without possibility of parole on count I, and to state prison for the term prescribed by law on the other four counts, the latter sentences to run concurrently with that on count I. He has appealed.

On December 11, 1963, at about 3 p.m., the victim started to enter her automobile, parked in the parking lot of a shopping center. A Negro man approached her, threatened her with a gun, ordered her to move to the passenger’s seat, took her car keys and drove the car away. After demanding her money, the man drove to a dead-end street, compelled his victim to remove her capri pants and underwear and raped her. He then allowed her to dress,…