People v. Fields

DUNIWAY, J.

Appeal from a judgment whereby defendant was convicted of simple kidnapping (Pen. Code, § 207), forceful rape (Pen. Code, § 261, subd. 3) and robbery in the second degree (Pen. Code, § 211). Sentences were ordered served consecutively, as to each count.

Through court-appointed counsel, two contentions are made: (1) that, under the provisions of Penal Code, section 654, defendant could not be convicted of both kidnapping and rape; and (2) that the evidence is insufficient to sustain the conviction' of robbery. We conclude that neither point is well taken.

1.

The defendant was properly convicted of both kidnapping and rape.

The decision of this question requires that the facts be stated. In doing so, we resolve all conflicts in support of the verdicts and judgment.

At about 10 p. m. on October 5, 1959, the victim, an unmarried girl of 17, who was returning home from work, got off a bus at a point near her home in a suburb of San Jose. Defendant and one Curiel (a codefendant who has not appealed) drove alongside her in a truck. She was forcibly seized and dragged into the truck. Defendant was driving and she was placed between the two men. She was told that she was “going for a ride.” She repeatedly protested and asked to be taken

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home. The truck made a U-turn and was driven to a grocery store, where defendant got out and purchased some beer. Defendant then drove out Alum Rock Aventie and up the Mt. Hamilton Road. He offered the victim some beer, which she refused, and, because of this and her continued protests and screaming, he struck her several times with the back of his hand.

Defendant drove for some 20 minutes and pulled off the road. He then got out and told Curiel to drive. Curiel also got out and the victim shut and locked the door on the passenger’s side. However, the window was open and defendant, being then on that side, reached in, unlocked the door, and struck the victim. She struck him with her shoe. He tore off her skirt. Eventually, he attempted to drag her from the driver’s side of the truck, and in doing so tore off her girdle and stockings. He finally dragged her out and around to the other side of the truck, knocked her down, and, while Curiel held her, raped her. There followed another forcible rape by Curiel.