Perkins

Defendant appeals his convictions arising from the kidnapping and rape of a 17-year-old girl and the rape and sodomy of his 11-year-old former stepdaughter. He attacks (1) his one strike sentences on his sex crimes on numerous grounds; (2) the joinder of the two cases; (3) the trial court’s denial of his motion to suppress DNA evidence; (4) the lack of instructions on his out-of-court admissions; (5) the lack of a Marsden hearing; and (6) cumulative error. He also seeks a stay of one of his sentences and corrections to the abstract of judgment.

We reverse the life without parole sentences imposed as enhancements under the one strike rule for lack of substantial evidence. We affirm the judgment in all other respects and remand the matter for resentencing only.

FACTS

Victim A.—July 10, 2008

On the evening of July 10, 2008, 17-year-old A. went to a party. She wore a new blue dress her grandmother gave her that day. She was intoxicated when she arrived at the party, and she continued to drink alcohol while she was there. A friend arrived at the party with defendant. The friend introduced defendant to A. as JR, a friend of her father’s.

About a month before, A. broke her…