People v. Stuart CA2/5

INTRODUCTION

Defendant and appellant Perry Stuart (defendant) was convicted of assault with the intent to commit rape, a felony (Pen. Code, § 220, subd. (a)1) (count 2), kidnapping to commit a felony (§ 209, subd. (b)(1)) (count 3), and sexual battery by restraint (§ 243.4, subd. (a)) (count 4). On appeal, defendant contends that his sentence on count 2 should be stayed pursuant to section 654 because he was sentenced on count 3. We affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence Defendant called Charlene S., an exotic dancer, and asked her to dance at a private party that night. Charlene followed the directions to the location defendant provided, and when she arrived, defendant met her at her car. Charlene did not know defendant or recognize his number, so she remained in her locked car and she asked defendant how he knew her. Defendant gave the name of a mutual acquaintance, which reassured her. Charlene exited her car, and defendant led her down a long driveway, indicating it was the way to the party. Defendant then put a gun to Charlene’s back and told her, “Bitch get in the van.” The distance from where Charlene was located when…