What is the test for a charge of false imprisonment in a sexual assault case?

the false imprisonment of the victim other than to facilitate the other crimes against her. (People v. Latimer (1993) 5 Cal.4th 1203, 1216-1712 [no multiple punishment for kidnapping and rapes where kidnapping facilitated rapes].) The prosecutor argued to the jury, "The key [to the false imprisonment count] is as long as she couldn't leave, as long as the defendant was controlling her either by threats or threats of violence, she was stuck in [the hotel room]. She couldn't get away until the defendant finally gave up and ended his attack," suggesting that the victim was falsely imprisoned only for the purpose of attacking her. (Italics added.) On appeal, respondent theorizes that the false imprisonment of the victim was "a form of foreplay for a rape that never occurred." However, no evidence or argument was presented in the trial court to support this theory. The sentence on count 4 should have been stayed pursuant to section 654. The one-year concurrent sentence imposed on the enhancement on that count ( 12022, subd. (b)(1)) therefore also must be stayed. (People v. Guilford (1984) 151 Cal.App.3d 406, 411 ["an enhancement must necessarily be stayed where the sentence on the count to which it is added is required to be stayed"].)