Walker

Joseph N. Walker appeals the judgment entered on jury verdicts convicting him on single counts of rape (Pen. Code, § 261, subd. (2)), 1 sodomy (§ 286, subd. (c)), oral copulation (§ 288a, subd. (c)) and false imprisonment (§§ 236, 237). Walker was acquitted on two other counts of oral copulation and rape. The court imposed a twenty-four-year sentence, consisting of three consecutive eight-year upper terms for the rape, sodomy and oral copulation and a two-year concurrent sentence for false imprisonment. We affirm the judgment of conviction and remand for resentencing.

I

Myrna G. worked at National Pen Company where Walker was the director of security. Shortly after midnight, Ms. G. left her work station at Walker’s request and went to his office. There, after engaging in consensual oral copulation Walker raped Ms. G. After dressing, she was unable to *37 unlock the door to leave the office. Walker then ordered her to take off her clothes and sodomized her. Still in fear Ms. G. also submitted to Walker’s demand that she orally copulate him.

Walker drove Ms. G. back to the building where she worked. She asked the guard to call the police.

Walker testified Ms. G. had…