Jandres

Defendant Jose Saul Jandres appeals from a judgment of conviction entered on jury verdicts finding him guilty of forcible rape with a kidnapping enhancement (Pen. Code, §§ 261, subd. (a)(2), 667.61, subds. (a), (d)); kidnapping to commit rape (id., § 209, subd. (b)(1)); and felony false imprisonment (id., §§ 236, 237). On appeal from the judgment, defendant claims the court erred by (1) admitting evidence of an uncharged act; (2) improperly instructing the jury; and (3) failing to strike defendant’s conviction for false imprisonment, a lesser included offense of kidnapping for rape, of which defendant also was convicted. Defendant also asserts four claims of ineffective assistance of counsel.

We conclude the trial court erred by admitting the uncharged act evidence and by not adequately instructing the jury in various regards. We need not reach defendant’s ineffective assistance of counsel claims because the cumulative effect of the court’s errors was prejudicial to defendant, requiring reversal of the jury verdicts. Defendant’s conviction for false imprisonment must be vacated for the additional reason that he cannot be convicted of both kidnapping for rape and its…