Vazquez

A. Introduction

Victor Gerome Vasquez (defendant) has appealed from a judgment following a jury trial. The jury found him guilty of two counts of assault with a firearm, one count of taking or driving the car of another with intent to deprive the owner of possession or title, one count of kidnapping, one count of sexual battery with the intent to cause sexual gratification, arousal or abuse, one count of forcible oral copulation, one count of attempted rape, and one count of forcible rape. The jury also found to be true the enhancement allegations that defendant used a firearm in the commission of six of the crimes charged, and that defendant kidnapped the witness for the purpose of committing the forcible rape and forcible oral copulation.

Defendant was sentenced to the midterm of six years on count six (forcible oral copulation) and to the midterm of six years on count eight (forcible rape), with those sentences to run consecutively. His sentence was increased by another nine years because of enhancements as to counts six and eight pursuant to Penal Code section 12022.3 (use of a firearm in the commission of forcible rape and forcible oral copulation) and as to count…