People v. Coyer

142 Cal.App.3d 839 (1983) 191 Cal. Rptr. 376 THE PEOPLE, Plaintiff and Respondent,

v.

CLARENCE EDWARD COYER, Defendant and Appellant.

Docket No. 23715. Court of Appeals of California, First District, Division Four.

May 10, 1983. [840] COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and George L. Schraer, Deputy State Public Defender, for Defendant and Appellant.

[841] George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Robert R. Granucci and Michael Buzzell, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.[*]]

OPINION

CHRISTIAN, J.

Clarence Coyer appeals from a judgment of imprisonment after a jury found him guilty of rape (Pen. Code, § 261, subd. (2)) and false imprisonment (Pen. Code, § 236).

Perry C.'s car broke down while she was driving on the freeway from Sacramento to Oakland. Almost immediately after she had pulled her car onto the shoulder, appellant stopped and offered assistance. He claimed that his father owned the Triple A service in Fairfield. Appellant offered to drive C. to the station where he would arrange for his father to tow and repair her car. Around this time, Fred Williams, a California Highway Patrol officer, also stopped near the disabled car. Williams offered to drive C. to a phone, but, because of appellant's offer of towing service, she decided to ride with him to the Triple A station.

As appellant and C. approached Fairfield, appellant stated that his name was "Tom Jennings." Appellant began to address C. intimately, calling her his girl friend and suggesting she move in with him. Over C.'s protests, appellant pulled off the freeway near Vallejo and drove to an undeveloped rural area; there he forcibly raped her.