Song

Defendant was convicted by jury of kidnapping (Pen. Code, § 207, subd. (a)); sexual penetration by foreign object (Pen. Code, § 289, subd. (a)(1)) with a “one strike” kidnapping allegation (Pen. Code, § 667.61, subds. (a), (c)(5), & (d)(2)); and sexual battery by restraint (Pen. Code, § 243.4, subd. (a)). Sentenced to 25 years to life in prison plus a four-year determinate term, defendant appeals. He contends (1) there was prejudicial Aranda-Bruton error (Bruton v. United States (1968) 391 U.S. 123 [ 20 L.Ed.2d 476 , 88 S.Ct. 1620 ]; People v. Aranda (1965) 63 Cal.2d 518 [ 47 Cal.Rptr. 353 , 407 P.2d 265 ]; (2) it was error to exclude evidence of the victim’s prior relationship with defendant; (3) the jury instructions given on the Penal Code section 667.61, subdivision (d)(2) special allegation were deficient; (4) the jury unanimity instruction was required for the kidnapping charge; (5) there was prosecutorial misconduct; and (6) ineffective assistance of counsel.

The admission of statements by defendant’s codefendants to the police was error under Aranda-Bruton and the recent case of Crawford v. Washington (2004) 541 U.S. 36 [ 158 L.Ed.2d 177, 124 S.Ct. 1354 ], We…