Hunter

Motion to recall remittitur and for appointment of counsel.

Appellant was convicted of kidnaping (Pen. Code, § 207); oral copulation (Pen. Code, § 288a); and rape (Pen. Code, § 261, subd. 4). He was sentenced to state prison on all three counts, the sentences to run concurrently.

Relying upon People v. Daniels, 71 Cal.2d 1119 [ 80 Cal.Rptr. 897 , 459 P.2d 225 ], and other decisions applying its doctrine, appellant contends that his kidnaping conviction was erroneous. This contention is plainly mistaken. As we pointed out in our opinion affirming the judgment of conviction, “The asportation of the victim in the instant case a distance of miles not only subjected her to a greater risk of harm than that which is normally incident to the crimes of rape and robbery but it subjected her to the actuality of greater harm in the form of five hours of confinement during which she suffered bestial attacks perpetrated by appellants and other men with the attendant mental and physical trauma which obviously requires no further emphasis.”

We made essentially the same holding in the factually similar case of People v. Shirley, 10 Cal.App.3d 268 [ 88 Cal.Rptr. 853 ]. More recent…