P.

INTRODUCTION

The prosecution charged Damien Morrow, Phillip Knox and Traveon Taylor with committing multiple sexual assaults on Jane Doe while acting in concert. The three defendants were jointly tried but, because of potential Aranda-Bruton1 issues, two juries were empanelled. One jury (the orange jury) determined the case against Morrow and Knox; the other jury (the green jury) determined the case against Taylor. Knox and Taylor testified in front of both juries and claimed that Doe had consented. The defense theory of the case, as set forth in each defendant‘s closing argument, was that Doe had agreed to sexual relations with all three men and that her testimony to the contrary was a lie. Following a seven-week trial, the orange jury convicted Morrow and Knox, appellants herein, of three counts each. Morrow was convicted of sexual penetration by a foreign object (fingers) while acting in concert (§§ 264.1 & 289, subd. (a)),2 forcible rape while acting in concert (§§ 264.1 & 261, subd. (a)(2)), and attempted forcible rape while acting in concert (§§ 664/264.1 and 664/261, subd. (a)(2).) Knox was convicted of forcible rape while acting in concert (§§ 264.1 & 261, subd. (a)(2)),…