Burnett

Willie C. Burnett appeals from Ms conviction after jury trial of kidnapping in violation of Penal Code section 207, subdivision (a), and forcible rape in violation of Penal Code section 261, subdivision (2). He contends that the trial court committed reversible error in refusing to instruct in terms of CALJIC No. 10.65; that the restitution order wMch formed part of Ms sentence did not comply with the law, and that the abstract of judgment does not accurately reflect the sentence imposed by the court. In the published portion of tMs opinion we conclude that the trial court was correct in refusing to give the CALJIC No. 10.65 instruction. In the unpublished portion of tMs opimon, we explain why tMs case must be remanded to the trial court for redetermination of the restitution fine and for correction of the abstract of judgment.

Factual and Procedural Summary

Maria D. testified that at about 10:30 on the evemng of January 2, 1989, she called her boyfriend, Rigoberto Candara, from a pay phone on the corner of Broadway and 42d Street in Los Angeles. She previously had a telephone conversation with Mm from her home, but that conversation ended when her mother told her not…