Romero

*776 A jury convicted Heriberto Dejesus Romero of assault with intent to commit rape, attempted kidnapping to commit rape, assault with intent to commit rape, false imprisonment by violence, and dissuading *324 a witness from reporting a crime. Romero appeals based on several claims. Finding merit in one claim, we reverse.

BACKGROUND

A. Overview of Charges

In a nine-count information filed by the Los Angeles County District Attorney on January 12, 2016, Romero was charged with sexually assaulting two women: Brittney P. and Marissa G. With respect to Brittney P., Romero was charged with assault with intent to commit rape ( Pen. Code, § 220, subd. (a)(1) ; count 1.) 1 Romero was also charged with attempted forcible rape (§§ 664, 261, subd. (a)(2); count 2); attempted kidnapping to commit rape (§§ 664, 209, subd. (b)(1); count 3); false imprisonment by violence (§ 236; count 4); and dissuading a witness from testifying (§ 136.1, subd. (a)(1); count 9.) With respect to Marissa G., Romero was charged with kidnapping to commit rape (§ 209, subd. (b)(1); count 5); assault with intent to commit rape ( § 220, subd. (a)(1) ; count 6); attempted forcible rape (§§ 664, 261, subd. (a)(2);…