People v. Robinson

Opinion

THOMPSON, J.

Defendant was convicted of forcible rape, forcible oral copulation, and robbery. Allegations in each of the three counts that he was armed with a deadly weapon within the meaning of Penal Code section 12022 were found true. Defendant was sentenced to consecutive -state prison sentences on the rape and robbery counts. He was sentenced to state prison on the other count concurrently. The allegations of use of a deadly weapon were incorporated in the judgment as eventually modified except for the count charging robbery.

On this appeal from the judgment, defendant contends: (1) a search which disclosed a coat described by the victim as worn by her assailant was illegal so that the trial court erroneously received the coat in evidence; (2) the trial court permitted improper rebuttal testimony by the prosecution; and (3) the sentence imposed is contrary to law in containing multiple findings of the armed allegation contrary to

In re Culbreth

(1976) 17 Cal.3d 330 [130 Cal.Rptr. 719, 551

[627]

P.2d 23] and in violating the multiple punishment proscription of Penal Code section 654.

We conclude that: (1) error, if any, in receiving the coat in evidence is established as harmless beyond a reasonable doubt; (2) the rebuttal evidence was properly received; (3) binding precedent supports the trial court’s sentence on all counts; and (4)

Culbreth

demands modification of the judgment to reflect that the enhancement of punishment provisions of Penal Code section 12022 are applicable only once.

At about 9 p.m. on February 19, 1976, Carrie McC. was accosted, forced into an alley at knifepoint and then to an area behind a store where she was raped, forced orally to copulate her assailant, and robbed. Ms. McC. had ample opportunity to observe her attacker. He wore a distinctive green, red, and black knit cap and a maroon three-quarter length coat.

Two witnesses saw a man wearing a dark coat and a hat, which one of them described as green, red, and black, run from the alley at the time of the attack upon Ms. McC. and go to a white Chevrolet station wagon. A third witness recorded the license number of the car.