Funtanilla

Gregorio C. Funtanilla appeals his conviction by jury trial of rape in concert (Pen. Code, § 264.1) and two counts of oral copulation in concert. (§ 288a, subd. (d).) He challenges firearm use enhancements (§ 12022.3, subd. (a)) to the rape in concert conviction and to other counts of which he was convicted but does not appeal. He also asserts instructional and sentencing error and insufficiency of the evidence.

Facts

Fifteen-year-old cousins Rene H. and Sheri H. arrived by bus in San Francisco, where they linked up with three male acquaintances, Daryll, Emarco, and Abe. Later in the evening the girls saw appellant standing by his car, which was parked near the Greyhound bus station. He was in the the company of their three acquaintances. Following some preliminary conversation, the girls agreed to go driving with them.

Eventually they arrived at appellant’s house, and the entire group was invited inside. Appellant asked Daryll to come into the larger bedroom to meet his grandmother, but when Daryll entered, the bedroom was vacant. Appellant showed Daryll a gun and said he was going to “get with” Sheri and maybe Daryll could “get with” Rene.

The two men then returned…