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A word like "proud" is frequently used to. Look up words in the thesaurus. Safe mode could help you troubleshoot the problem, but some features might not be available. Our crossword solver uses a database of over , words, , definitions, 2. Search i looked but i couldn't find it and thousands of other words in English definition and synonym dictionary from Reverso. Jeff: Absolutely, it's thrilling…. Select "Account" from the left hand menu. Words that rhyme with could not What is another word for can not?

Use our Synonym Finder Nearby Words could not care less couldn't couldn't ask for more couldn't believe couldn't care less couldn't-care-less could I be could-have-been could have could eat a horse could do with could care less Find Synonyms Recommended videos Powered by AnyClip.

To run the flashing software on your Windows machine, download the Samsung Odin tool from the links above. Noun en-noun countable An argot, the jargon of a particular class or subgroup. However, negative 'couldn't' is possible in all situations. Find all the synonyms and alternative words for distressing at Synonyms…. Install the bit or bit version of Office.

This site allows you to find in one place, all the synonyms and antonyms of the English language. Maybe you were looking for one of these terms? I have tried stopping the OneDrive sync,. You can complete the list of synonyms of i looked but i couldn't find it given by the English Thesaurus dictionary with other English dictionaries: Wikipedia, Lexilogos, Oxford, Cambridge, Chambers Harrap, Wordreference, Collins Lexibase dictionaries, Merriam Webster.

The Office Online apps don't include a synonym finder. Couldn't save automatically - Word Online One Drive file will no longer save any changes. How to use couldn't in a sentence. Supreme Court confirmation hearing, Ketanji Brown Jackson couldn't answer it. Resources can include application dependent features, processing speed, available memory, files, disk space, registry keys, security program.

How to use couldn't be happier in a sentence. You couldn't trust this Swede as far as you could throw a thesaurus by the tail. Synonyms for talk excitedly include wax lyrical, become enthusiastic, effuse, enthuse, gush, rave, be effusive, be enthusiastic, be passionate and get carried away. Review: Synonyms, Antonyms, Homonyms, and Homographs. Related terms for 'couldn't': aren't, can't, -'d, daren't, didn't, doesn't, don't, 'em, hadn't, hasn't, haven't, he'd, he'll, he's, I.

Trying to find out synonyms or antonyms of new words you encounter is a good way of improving English vocabulary. Previously, we have all been able to add new comments and reply to previous comments in the document.

All public synonyms, even if the base object pointed to is not accessible. Synonyms - Verbal Ability Questions and Answers. All private synonyms owned by a different user, where the ultimate base object pointed to by that synonym or by any chain of nested synonyms…. The ancient Egyptians took the concept of the afterlife seriously, and were meticulous in preserving the bodies of the deceased via embalming …. You can complete the list of synonyms of i ….

However, the content needs to be relevant to the company and job position. Synonyms for don't care include do not care, couldn't care less, could not care less, can't be bothered, don't concern oneself with, don't give a hoot, don't give a monkey's, don't give a tinker's curse, don't have any regard for and not bothered. The first four are done for you.

Commonly used words are shown in bold. Italian Word of the Day: Menefreghismo couldn't. Could Not synonyms - Words and Phrases for Could Not Lists synonyms antonyms definitions sentences thesaurus words phrases Parts of …. Synonyms for I couldn't have done it without you.

We couldn't find direct synonyms for the term youth group. For over years, many theologians have attempted such harmonizations in response to the work of people like Charles Darwin and Scottish geologist Charles. Synonyms and antonyms are another important aspect of word building that you can easily include in your lessons at any level. Troubleshooting Windows based applications include analyzing the main app with the issue like "MS Office couldn't verify subscription " and then troubleshoot Windows programs related to it and other applications sharing the same resources.

Physical or psychological stimulation, or both, leads to vasodilation and the …. Word will establish a new MAPI session, allowing the document to be sent. Couldn't synonyms - 16 Words and Phrases …. Meaning of couldn't-care-less in English: couldn't-care-less. The man who had hoped to segue from comedy returned to the role he hated and the director he couldn't abide.

Couldn't synonyms - 16 Words and Phrases for Couldn't was not able could not had been unable uncapable was not in a position wasn't able weren't able cannot v. People use contractions in both speaking and writing. This leaderboard is disabled as your options are different to the resource owner. This is not used in formal writing. Slang for couldn't Related Terms. I would like a single word with this exact meaning, please.

In this case, it is correct to say "That can't be Obama at the door, it's too early. Answer 1 of 21 : Either can be used. It can also occur if there is a problem with the fax configuration. In some cases, you might use the word "proud. An example of couldn't is a woman saying she was not able to wear white to a …. In those days they used to say you couldn't nurture young joeys because you couldn't foster them.

Need synonyms for couldn't? If you look for "said", look up the word "say". A contraction is a word made by shortening and combining two words. Characterized by complete indifference. There's no way I'd hire him with his couldn't-give-a-damn attitude. Click Add button to create a new Outlook profile For example: Test.

Next, you should be able to open this file without further problems. This is a sentence structure borrowed from French and I think 'proud' also origina. Meaning: total lack of interest in something; do not care at all; utterly indifferent to something. Best synonyms for 'couldn't refuse' are 'no for an answer', 'no …. They couldn't speak English before they went to school. What is another word for talk excitedly. I can't help but lend my assistance to those in need.

However, the word "couldn't" refers to a impossibility in the past. I am currently trying to edit a Word document which is saved to OneDrive as a shared document with 4 other colleagues. Issues addressed in this tutorial:. Synonyms: dodge, duck, elude… Find the right word. Synonyms for phrase Couldn't proceed. In these cases, "can't have" is being used to denote disbelief or incredulity, while "couldn't have" is being used to denote an impossibility.

While she couldn't shake the sense of doom that followed her from the visions, she felt more normal, less afraid, at the thought that she'd be rejoining the rest …. Search i couldn't find and thousands of other words in English definition and synonym dictionary from Reverso. Synonyms for couldn't care less include could care less, not give a tinker's cuss, not give a tinker's damn, unbothered, apathetic, neutral, unconcerned, uninterested, indifferent and impassive.

If you have checked the above settings, please try the following steps to remove credentials. This crossword clue might have a different answer every time it appears on a new New York Times Crossword Puzzle. Word Couldn't Verify Office Subscription. I couldn't synonyms with definition. This leaderboard has been disabled by the resource owner. What is another word for couldn't? Andy couldn't come because he had other plans.

My mum couldn't swim when she was a child. This is an example of a type 2 future conditional, involving the use of a modal. Definition of couldnt in the Definitions. Best synonyms for 'i couldn't have done it without you' are 'i really appreciate it', 'accept my endless gratitude' and 'all i can say is thanks'. Best synonyms for 'couldn't tell' are 'don't know', 'can't say' and 'can't tell'. Modals - 'could' and 'couldn't' We can use could and couldn't to talk about abilities in the past.

An antonym for couldn't is could. Synonyms : boring, deadening, dull, ho-hum, irksome, slow, tedious, wearisome Examples. Likewise, if you look for an adjective word, try the noun or vice versa. From the bottom of my heart, thank you. One should stick with the group youth or use a synonym such as teenagers or young adults. Literally, it translates as something close to "I-don't-give-a-damnism". We could read when we were five. Errand definition, a short and quick trip to accomplish a specific purpose, as to buy something, ….

When the meaning of so is purpose, use no comma. The problem seems related Outlook profile, please try to create a new outlook profile test this issue. For search in the dictionary, use the present-time verbs and base words. Here is the list of synonyms …. Could Not synonyms - Words and Phras…. I've raised this issue to the team to investigate further. When you want to describe how unnerved, shocked, or upset you are, elevate your language …. Click the word in your document that you want to look up.

Find 5 synonyms for couldn't and other similar words that you can use instead from our thesaurus. I cannot log in" Couldn ' t send Google prompt because we couldn ' t …. Couldn't is a contraction of could not, so they …. Change your default dictionary to British English. After seeing you become more and more consumed by your addiction, we couldn't help but intervene.

There is a pair of words underlined in each sentence. Another word for understand: to know what is happening or why it is happening Collins English Thesaurus. Online English Thesaurus from Collins: More than , synonyms and antonyms - With definitions, meanings, phrases, and examples. Select your version below and follow the installation steps.

Kia brand and optimized Kia's social marketing spend - with results showing more than twice the level of positive. More example sentences 'I started to get irritated by this couldn't-care-less attitude'. Duplicate clue solutions are not entered twice so each answer you see is unique or a synonym….

In this page you can discover 16 synonyms, antonyms, idiomatic expressions, and related words for could, like: would, do, might, should. In this page you can discover 11 synonyms, antonyms, idiomatic expressions, and related words for havent, like: , haven-t, have-nt, hadnt, ….

Please remember to mark the replies as answers if they help. Then extract the downloaded ZIP file …. My job is great, and I just bought a house! We couldn't find direct synonyms for the term couldnt. Avoid: to get or keep away from as a responsibility through cleverness or trickery. Meaning, pronunciation, translations and examples. What does couldnt mean? Information and translations of couldnt in the most ….

After all, Bokuto was his best bro, his wingman, his horned owl loser friend. I think the reason people would tend to use more proud is for emphasis or in a formal situation. Synonyms Similar meaning was not able could not had been unable uncapable was not in a position wasn't able weren't able cannot didn't haven't been able no idea no way was unable unable to welth wouldn't Antonyms Opposite meaning View all capable could would able able to be able be able to be allowed to be capable of be free to been able.

LOL became an official word in the dictionary in However, the word "pregnant" is never uttered in the episode. Verb Could not could not was not able to was not capable of was not equal to was not up to. The purpose of proscribing "in concert" conduct is to protect against gang sexual assault. Calimee 49 Cal. Jones Cal. Courts have sustained "in concert" findings when two men "wearing ski masks or knit caps over their heads, together entered [the victim's] home and successively raped the victim, each in the presence of the other" People v.

Jones, supra, Cal. Wheeler 71 Cal. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved Evidence negating consent and showing the use of force included considerable physical evidence: Jamie had fresh scratches and bruises all over her body and a bite on her face. Moreover, there was the testimony of the apartment manager "she looked like she had been in a fight" , the deputy sheriff, and the SART nurse about Jamie's physical appearance and emotional condition the morning after the assault.

More damning yet, however, is the testimony of the assailants themselves. To start, appellant's testimony places him at the locations of all the acts charged and puts him in control of "this expedition. He directed Ponce to get into the backseat with Jamie so she would "remain warm, if you've understood that," and to get out of the car. Appellant admitted they both pulled Jamie out of the car at the second location at the lake and that he undressed her.

He gave Jamie the choice to "either have Jimmy [Ponce] or you can get the fuck out and walk home," when they were eight to ten miles from a road with any traffic on it, and he admitted that " 'she submitted to it For his part, Ponce admitted that Jamie never gave him consent to put his fingers in her or to have sexual intercourse with her.

Ponce admitted obeying appellant's instructions on where to drive, to get into the car with Jamie, and to get out of it. During the events of the evening, Jamie repeatedly told them to stop the sexual conduct, and repeatedly said she wanted to go home. Ponce admitted that Jamie was forced to have sex with appellant because "I was holding her down while he was trying to have intercourse with her. The only door to the outside was in the living room.

The next morning, Ponce and appellant had a conversation about "getting out of town. We conclude that this evidence firmly establishes that appellant and Ponce acted in concert, that they kidnapped Jamie in moving her from one location [19 Cal. He maintains first, that Jamie lied because she was living with her father, was subject to his control, and was afraid of his retaliation for her staying out all night.

Next, appellant was unfairly impeached and Jamie was unfairly protected from impeachment by the false testimony about the facts that established Jamie's motive to lie. Finally, although Ponce's testimony was for the most part consistent with Jamie's, appellant declares this consistency understandable because Ponce was an accomplice who received favorable treatment and who had an interest in making it appear as if his admission of guilt was dispositive of the question of appellant's guilt. Therefore, appellant concludes, it cannot be said that the use of the false evidence was harmless beyond a reasonable doubt.

We disagree. The evidence, exclusive of Jamie's and her father's, is not so ambiguous that the question of consent rests on a resolution of the issue of credibility. Nevertheless, even if it did, there is strong reason in the record to resolve the issue against appellant. Appellant's credibility was impeached by his admission of prior felony convictions of residential burglary and auto theft. Furthermore, he admitted lying on numerous occasions: he admitted answering "no" to the question whether he had ever been convicted of a felony on his Taco Bell employment application, he admitted giving a different version of his feelings about Jamie and the events of the night at his parole revocation hearing, and he admitted not telling the truth at that hearing on a number of points.

There was also substantial evidence supporting an inference of consciousness of guilt. Appellant fled to Arizona after the incident. He telephoned his friends to say he was in trouble and would be gone for a while. He admitted that he tried to persuade Ponce to refuse to testify "I wanted him to [19 Cal. And he sent Ponce a letter attempting to influence Ponce's testimony by "plan[ning] to do all I can to help you cause it ain't right your in prison over all her lies," if Ponce's testimony agreed with the version of events suggested in the letter, and by disclosing that "I know a lot of [C]hicano's from the north and south doing time there [Duell Vocational Institute] right now.

Under these circumstances, with the massive array of evidence against appellant, we have no hesitation in declaring a belief that the use of false testimony was harmless beyond a reasonable doubt. Constitutionality Next, appellant challenges the constitutionality of section First, he claims the procedure authorized by section It erodes the [19 Cal.

Appellant reasons that the presence of the support person impermissibly suggests that defendant is guilty before any evidence is taken. It suggests that the witness is too traumatized to face the defendant and the jury and testify without help because the crime really happened. Appellant also contends that the support person procedure violates a defendant's due process right to a fair trial by interfering with his right to confront witnesses. It singles out one class of witness, prosecuting witnesses, for special treatment, and the special treatment injects into the trial extra-evidentiary factors that skew the truthfinding process.

Finally, appellant also claims that even if the statute is not unconstitutional on its face, it is unconstitutional as applied in this case because the support person's presence actually did influence Jamie's testimony. Appellant concludes that "the only reasonable rule is that if a support person is to attend the witness at the stand, a showing of necessity must be made in advance.

The entitlement to support persons arises in prosecutions of 25 specified crimes which may be misdemeanors or felonies. The statute does not explicitly require a showing of need for a prosecuting witness to be accompanied to the stand. However, if a person chosen to be a support person is also a prosecuting witness, the prosecution must show that " If that showing is made, the court is required to grant the request unless the court notices or defendant presents information establishing "that the support person's attendance during the testimony of the prosecuting witness would pose a substantial risk of influencing or affecting the content of that testimony.

Finally, a witness support person must testify before and out of the presence of the prosecuting witness. In the instant case, appellant's objection to the use of John M. Defense counsel informed the court that Jamie's grandmother was available she acted as support person at the preliminary examination. Defense counsel explained: "I have concerns regarding the father, and that is because there is some indication that the complaining witness may have been abused by her father, and that could have been part or all of her motivation in reporting this incident as it was reported.

At trial, John M. The prosecutor explained John M. In order to show there has been no collusion between the two, he has to testify first. Inherent Prejudice First, appellant complains that the support person procedure is inherently prejudicial and erodes the presumption of innocence. Iowa, supra, U. The claim that section Patten 9 Cal. In that case, the support person apparently was not present at the stand.

The court stated: "The statute clearly encompasses circumstances when the support persons are present in the audience section of the courtroom and without having any particular attention drawn to them. Such a procedure would result in minimal, if any, influence on a jury and would not rise to a level of possible infringement on the constitutional guarantee of due process.

This is so because procedures available to utilize support persons pursuant to the statute would not infringe any constitutional rights. We agree insofar as the statute provides for the unobtrusive presence of a support person in the audience. Criminal trials are guaranteed to be public by the Sixth Amendment to the United States Constitution and by California Constitution, article I, section The right is reiterated in section A witness's friends, relations, counselors, etc.

Kerrigan 73 Cal. Municipal Court 30 Cal. A common example involves the exclusion from the courtroom of witnesses at a trial so they cannot hear the testimony of other witnesses. However, even if a witness violates an exclusion order by attendance at the trial, the violation does not mean that a defendant has been denied a fair trial.

The violation also "does not render the witness incompetent to testify, and does not furnish grounds to refuse permission to testify, at least where the party who seeks to offer the testimony was not 'at fault' in causing the witness's violation of the exclusion order.

Redondo Cal. Redondo, supra, Cal. Consequently, the provision of section But this Court has left no doubt that the probability of deleterious effects on fundamental rights calls for close judicial scrutiny. Williams U. Thus, the Supreme Court held that a state may not compel a defendant to wear prison clothes to trial. Estelle v. Williams, supra, U. As described by Justice William J.

Brennan, Jr. Similarly, " Allen U. The presence of a support person at the stand does not necessarily rob an accused of dignity or brand him or her with an unmistakable mark of guilt. The presence of a second person at the stand does not require the jury to infer that the support person believes and endorses the witness's testimony, so it does not necessarily bolster the witness's testimony. Finally, the presence of a support person does not interfere with the decorum of the judicial proceedings.

Consequently, in the absence of an articulable deleterious effect on the presumption of innocence, we must reject the contention that use of a support person at the stand deprives the defendant of a fair trial. Due Process and the Confrontation Clause Next, appellant claims that the use of a support person at the witness stand violates his due process right to a fair trial because it is a state procedure which interferes with a central aspect of the confrontation clause, namely the right of the accused to have the jury observe the witness's demeanor free from extraneous influences.

Appellant states: "The witness-stand [is] the place where witnesses give evidence. It is the place where the witness exposes himself to the jurors and submits his credibility to their judgment. To allow a comforting and hovering presence for a single witness,-the accusing witness-, effectively communicates to the jurors that the law does not quite take the presumption of innocence seriously.

Craig U. Appellant's confrontation clause complaint focuses on jury observation of demeanor. He complains that a second person on the witness stand while a [19 Cal. Green U. As explained by Judge Learned Hand, a witness's " 'demeanor'-is a part of the evidence. The words used are by no means all that we rely on in making up our minds about the truth of a question that arises in our ordinary affairs, and it is abundantly settled that a jury is as little confined to them as we are.

They may, and indeed they should, take into consideration the whole nexus of sense impressions which they get from a witness. This we have again and again declared, and have rested our affirmance of findings of fact of a judge, or of a jury, on the hypothesis that this part of the evidence may have turned the scale. MacDougall 2d Cir. Demeanor evidence is of considerable legal consequence. It can have a dispositive effect in the outcome of a case "in which the existence or nonexistence of a determinative fact depends upon the credibility to be given to testimonial evidence.

Purtle Cal. Although demeanor evidence does not appear on the record, and for that reason has led to the rule that the fact finder is the exclusive judge of credibility Meiner v. Ford Motor Co. See People v. Thornton 11 Cal. That experience-taking the oath or affirming to tell the truth, "standing in the presence of the person the witness accuses" Coy v. The State can hardly gainsay the profound effect upon a witness of standing in the presence of the person the witness accuses, since that is the very phenomenon it relies upon to establish the [19 Cal.

Of course, the testimonial experience may also "unfortunately, upset the truthful rape victim or abused child; but by the same token may confound and undo the false accuser, or reveal the child coached by the malevolent adult. Section Insofar as the support person's presence actually affects the witness's performance on the stand, the witness's demeanor is affected. Appellant observes that the preferential treatment of section Appellant thus invites us to infer that the statute accomplishes in deed what cannot be stated to the jury in words: the unmistakably special treatment afforded to one witness conveys the message that the jury should give special consideration to the supported witness more than to any other witness.

Appellant analogizes from the principle that it is impermissible for the court to give the jury instructions that single out one witness. Lyons 50 Cal. Wright 45 Cal. Appellant also asserts that the presence of the support person has a direct effect on the jury. Even the most self-effacing person receives some attention by merely being present. In the audience, the support person can be invisible to the jury. On the stand, the support person's presence is inescapable.

It cannot help but distract the jury's attention from the witness and keep the jury's attention divided while both persons are at the stand. The support person's presence dilutes the jury's concentration on the witness. The support person's demeanor, as unavailable to a reviewing court as a witness's demeanor, can influence the jury in its assessment of the witness's credibility. It can thus bolster the witness's credibility and operate as unsworn opinion evidence of the truth of the charges.

Finally, the support person's presence invites speculation. That the support person's presence at the witness stand actually affects confrontation clause guarantees seems to be tacitly accepted in state court [19 Cal. See Annot. The courts rely on factors discussed by the Supreme Court in confrontation clause cases in general face-to-face confrontation, cross-examination, jury observation of the witness see California v.

Green, supra, U. United States U. The latter cases consider the age of the witness; the need for the procedure closed circuit television, an interposed screen to obtain the witness's testimony; actual evidence of prejudice to the defendant; and in support person cases, whether there is an indication that the support person influenced the testimony of the witness, and claims of influence on the jury by use of the procedure.

Maryland v. Craig, supra, U. For example, in an Ohio case involving a Sixth Amendment challenge like appellant's, an eight-year-old girl was allowed to testify from her aunt's lap. The reviewing court balanced the defendant's right to confront the witness free of influence of any kind with the need to make the interrogation of the child witness effective for the ascertainment of the truth and for the protection of the witness from embarrassment.

The court found that the record showed need based on the witness's exhibition of fear or embarrassment at the pretrial hearing as well as her reluctance to testify at that hearing, in addition to her demeanor at the trial supplied for the record by the observations of the court reporter.

State v. Johnson, supra, N. As to the other factors raised by appellant, potential distraction is to be considered in determining whether the procedure violates the confrontation clause. However, "[d]istraction and disruption in the courtroom are not absolutes, but are to be measured objectively in the context of the circumstances presented.

Superior Court Cal. In regard to appellant's assertions that the support person's presence at the stand bolsters the witness's testimony and operates as unsworn opinion evidence on the truth of the charges, there is minimal support in case law for appellant's view see Annot. Suka 70 Hawaii [ P. The victim-witness counselor's conduct bolstered the witness's credibility and the record did not establish that the procedure was necessary to obtain the complainant's testimony.

The court suggested that a relative as accompanying person might have been less prejudicial because that person would more likely be seen as family support than as vouching for the witness's credibility. In light of the fact that the dynamics of a trial are inextricably intermingled, we conclude that the procedure of allowing a witness to testify accompanied by another person at the witness stand has an effect on jury observation of demeanor.

The Permissibility of the Support Person Procedure [13] Not all infringements on the confrontation clause are impermissible. If the state is seeking to serve a compelling interest, an interference with a constitutional right is permissible if it is narrowly tailored. Globe Newspaper Co. Superior Court U. The provision of section Iowa and Maryland v. It was added in Stats.

Five years later, the voters spoke again in Proposition , the "Crime Victims' Justice Reform Act," approved on June 5, , less than a month [19 Cal. Again, section However, the preamble to the initiative contained a clear finding of fact regarding the treatment of crime victims and stated reformatory goals. The voters found "that the rights of crime victims are too often ignored by our courts and by our State Legislature.

To remedy this in part, the initiative stated a goal of creating a criminal justice system "in which crime victims and witnesses are treated with care and respect Almost contemporaneously with the passage of Proposition , the Legislature deleted the year-or-under age limitation of section The current version of the statute allows support persons for both adult and child witnesses. As regards child witnesses, the state has a " ' "transcendent interest in protecting the welfare of children" ' [citation].

We have not, however, found any case recognizing a compelling interest in the state in protecting adult victims of sexual abuse, although " Luna Cal. Nevertheless, since Jamie was 17 years old at the time she testified, she arguably was a child victim of sexual assault whom the state has a compelling interest to protect.

The question remains whether the remedy to protect the compelling interest is narrowly drawn. We conclude that it is. The purpose of the special procedure authorized by section Kabonic, supra, Cal. In light of the valid state concern for minor witnesses, it is much less intrusive on the jury's ability to observe the [19 Cal.

Nevertheless, the Supreme Court has held that the use of statutorily authorized special procedures must be based on a showing of the need of the individual witness. Use of a procedure that infringes on the confrontation clause may not be based on nothing more than a "generalized finding underlying such a statute Thus, the Supreme Court rejected a statute "which creates a legislatively imposed presumption of trauma.

Since there have been no individualized findings that these particular witnesses needed special protection, the judgment here could not be sustained by any conceivable exception. Craig teaches how specific the finding of necessity should be.

In other words, if the state interest were merely the interest in protecting child witnesses from courtroom trauma generally, denial of face-to-face confrontation would be unnecessary because the child could be permitted to testify in less intimidating surroundings, albeit with the defendant present. Finally, the trial court must find that the emotional distress suffered by the child witness in the presence of the defendant is more than de minimus, i.

Iowa, does not articulate the requirement of a case-specific finding of need. Nevertheless, "the Legislature is deemed to be aware of existing laws and judicial decisions in effect at the time legislation is enacted and to have enacted and amended statutes ' "in the light of such decisions as have a direct bearing on them. Overstreet 42 [19 Cal. The statutory history of section The Supreme Court found State solicitude for witnesses in this position to be appropriate, provided there was a showing of need.

Since the Legislature is deemed to have known of the requirements of Coy v. Iowa, it is consistent with the intent of the Legislature to infer that the requirement of a showing of need applies. Prejudice [14] Appellant is correct that no such showing was made in his case.

Nevertheless, we cannot say that appellant was prejudiced. We must test the error by the harmless beyond a reasonable doubt standard of Chapman v. California U. Once again, we disregard Jamie's testimony. In our discussion of the use of false evidence, we listed the substantial evidence of the crimes, which exists in the record separate and apart from her testimony.

We conclude here, as we concluded there, that the error is harmless beyond a reasonable doubt. Appellant's complaint is directed to the CALJIC definition of "in concert" contained in each of the aforementioned instructions and which the court gave after the language just quoted. The court continued, "The phrase acting in concert means two or more persons acting together in a group sexual attack, and includes not only those who personally engage in the act constituting the crime, but those who aid and abet a person in accomplishing it.

The jury, however, need not have found that appellant acted 'in-concert' with Ponce in the sense of acting together with him in the actual commission of the sexual acts, since the evidence that appellant walked off and had no proximate involvement in the crimes committed by Ponce could be construed as a lack of concerted effort in the actual commission of the crime.

This is not to say that the opposite conclusion was not possible as well, but the jury was not given an opportunity one way or other to rule on this question The instructions given by the court did not remove from the jury the issue whether appellant acted in concert. In the section on false evidence, we cited authority which stated that a defendant could act in concert either by personally committing an offense in [19 Cal.

Active participation in the commission of the sexual act is not required. The jury was instructed to this effect. Appellant is correct that "[a]iding and abetting need not in every case be synonymous with 'acting in concert. Wheeler, supra, 71 Cal. However, the jury instructions in this case did not equate the two. There was no error. Multiple Enhancements [16] Finally appellant complains that the trial court violated the prohibitions against multiple punishment in section in imposing three-year kidnapping enhancements on both count 2 sodomy at the second location at Coyote Lake and count 4 sodomy in the motel room.

Appellant suggests that the trial court theorized that the asportation to the motel was a separate kidnapping. Hernandez 46 Cal. Harrison 48 Cal. At sentencing, the trial court stated: "As to the five counts [of] which the defendant was convicted, they occurred at three different locations.

As to the counts committed at the same location, there was more than a reasonable [19 Cal. Rules of Court, rule The court, not the jury, determines the divisibility of offenses for sentencing purposes. Flores Cal. We turn to the court's statements to determine whether it believed appellant harbored a single criminal objective.

The court mentioned that defendant "had a plan in mind," that he had a "purpose to fully execute his plan," and that he "resumed his sexually assaultive behavior. Consequently, it appears that the court had concluded that appellant's multiple acts constituted a single course of conduct unified by a single intent.

Therefore, appellant is correct that only a single enhancement can be applied to the one incident. When multiple punishment has erroneously been imposed, the appropriate procedure on appeal is to eliminate the effect of the judgment as to the lesser offense as far as the penalty alone is concerned. Cline 2 Cal. Disposition The judgment is modified to stay the three-year section The clerk of the superior court is ordered to correct the [19 Cal. In all other respects, the judgment is affirmed.

Elia, J. Petitions for a rehearing were denied November 10, , and the opinion was modified to read as printed above. Appellant's petition for review by the Supreme Court was denied January 13, Further statutory references are to the Penal Code unless otherwise stated. Jamie testified that she turned away and never mentioned it again.

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