Davis

By jury trial appellant was convicted on six counts involving two victims. As to victim Karen J., appellant was convicted of (1) kidnapping to commit robbery (Pen. Code, § 209, subd. (b)); (2) simple kidnapping (Pen. Code, § 207), enhanced by a finding pursuant to Penal Code section 667.8 that the kidnapping was for the purpose of rape; (3) rape (Pen. Code, §261, subd. (2)); and (4) robbery (Pen. Code, § 211). As to victim Melody T., appellant was convicted of (1) kidnapping to commit robbery (Pen. Code, § 209, subd. (b)) and (2) robbery (Pen. Code, § 211).

He was sentenced to two consecutive life terms on the two counts of kidnapping to commit robbery, plus eleven consecutive years, consisting of an upper term of eight years for rape and a three-year enhancement pursuant to section 667.8. Execution of sentence on the other three counts was stayed pursuant to Penal Code section 654.

Appellant raises additional issues under Penal Code section 654.

Karen J.

As Karen J. was entering her van after shopping on the afternoon of January 7, 1985, appellant pushed his way into the van and took over the controls, telling her that he had a gun in his pocket and that he would…