Poon

This is an appeal from judgments of conviction following jury verdicts finding appellant guilty of two counts of burglary (Pen. Code, § 459), two counts of lewd and lascivious acts upon the body of a child (Pen. Code, § 288), assault with intent to commit rape (Pen. Code, § 220), false imprisonment (Pen. Code, § 236) and rape (Pen. Code, § 261, subd. 2). The convictions were based upon two separate incidents, involving different victims. The evidence offered at the consolidated trial of the offenses may be summarized as follows.

*61 The Florence C. Incident

Thirteen-year-old Florence C. (hereinafter Florence) testified that on December 16, 1977, at approximately 5:30 p.m., upon completion of her newspaper delivery route, she entered a garage at 1845 Franklin (between Washington and Clay) in San Francisco, where she intended to meet her brother, Patrick. Florence customarily met her brother in the garage after completion of their respective newspaper routes.

While she waited there, a man, stipulated to be appellant, entered the garage and asked her “Where Powell Street was.” Florence gave appellant bus directions. Appellant then left the garage, but immediately…