Kilpatrick
People v. Kilpatrick
Opinion
Lead Opinion
Grossfeld, J.
Convicted by a jury of kidnaping (Pen. Code, § 207), rape (Pen. Code, § 261, subd. 3), and oral copulation (Pen. Code, § 288a) with a finding of a prior felony conviction subject to enhancement under Penal Code section 667.5, subdivision (b), defendant appeals. He asserts reversible error (1) in the failure to exclude evidence seized from his automobile without a warrant; (2) in the failure to exclude evidence seized in a motel room incident to his warrantless arrest; (3) in the admission of the victim’s identification testimony based on her preaccusation visual confrontation with defendant at the scene without the presence of counsel; (4) in the admission of defendant’s statements obtained subsequent to his ambiguous request for assistance of counsel, and (5) in the imposition of consecutive sentences on the counts of rape and oral copulation. Our analysis of the above contentions causes us to affirm the judgment.
Facts
We adopt the version of the facts most favorable to the People as the prevailing party. (People v. Rios (1976) 16 Cal.3d 351, 357 [ 128 Cal.Rptr. 5 ].)
About 6 p.m. on October 13, 1978, the victim was on her way to work at a hospital when a black man,…