Craig

A jury convicted appellant Timothy Scott Craig on a single count of assault with intent to commit rape, a violation of Penal Code section 220. In a bifurcated proceeding, the same jury found true allegations that appellant had suffered a prior conviction for a serious felony (§ 667, subd. (a)), and that he had served a prior prison term within the meaning of section 667.5, subdivision (b). The court sentenced appellant to the upper term of six years for the assault and imposed consecutive enhancements of five years and one year, respectively, for the prior conviction and the prior prison term, making an aggregate prison sentence of twelve years.

Appellant raises a multitude of issues on appeal. We will reject all of them except one relating to sentencing. We will conclude that the one-year enhancement must be stricken.

Facts

On February 11, 1993, sometime after 8 p.m., Lisa L. picked up her four-year-old son at her sister’s house in the Hanford, California, area and drove towards the residence which she shared with Ron Riso. Riso’s three-year-old son was also in the car. As she drove, Lisa noticed another vehicle following very closely behind hers. The other vehicle…