Guilmette

Appellant Albert P. Guilmette was sentenced to an aggregate state prison term of 25 years following his convictions of burglary, 2 counts of rape, assault with a deadly weapon, and false imprisonment, with weapon use enhancements and prior convictions being found true. He appeals, contending (1) that the trial court erred in admitting his postarrest telephone conversation with the victim and (2) that the trial court erred in failing to provide an adequate response to questions from the jury during deliberations.

Facts

During the early morning hours of January 16, 1990, appellant broke into the family home of his former girlfriend, Karen E, grabbed her from behind as she attempted to admit police who were responding to her earlier emergency telephone call, put a knife to her throat and threatened to kill her if she said anything. Karen was forced into her room at knifepoint by appellant.

After observing a broken window on a side door, receiving no response at the front door, and hearing “running [and] wrestling” inside, Sergeant Eskridge forced entry. He approached the closed door to Karen’s room and announced, “Sheriff’s Department.” From inside the room, appellant…