People v. Bae CA4/3

INTRODUCTION

Defendant Jimmy Bae appeals after a jury found him guilty of attempted forcible rape and attempted kidnapping to commit a sex offense. We affirm. We conclude (1) sufficient evidence supported Bae’s conviction for kidnapping to commit rape; (2) the trial court did not err by stating that if Bae’s counsel’s statements at the sentencing hearing could be construed as a motion for a new trial based on the insufficiency of the evidence, the court would deny that motion; and (3) the prosecutor did not engage in misconduct during closing argument.

FACTS

During the evening of May 2, 2009, A.K., who was 29 years old at the time of trial, was in Los Angeles with her sister and a few friends to celebrate her boyfriend’s birthday. She started driving back to her home in Fullerton sometime after 2:00 a.m.; her sister was asleep in the passenger seat of the car. A.K. exited the freeway and stopped at a red light at the end of the offramp; her home was a seven- to 10-minute drive from the freeway. When the light turned green, she turned left. She noticed a car, which she later described as a white sedan, was following her and making every turn she made. A.K. started making extra…