Acevedo

Defendant Carlos Acevedo appeals his conviction of two counts of rape. (Pen. Code, § 261, subd. (2).) Acevedo argues on appeal that (1) the trial judge erred by failing to instruct on the lesser included offenses of attempted rape and assault with the intent to rape; (2) the trial judge erred by failing to instruct the jury that it could not consider both offenses at the same time in considering Acevedo’s guilt of either; (3) evidence of the offense against one victim should not have been admitted, referred to, or considered in determining the offense against the other victim; (4) the jury instruction as to an accused’s good faith and reasonable belief in the victim’s consent was incorrect and misleading; and (5) the mandatory prison sentence for rapists who use force constitutes a denial of equal protection.

We disagree and affirm the judgment.

Facts

Josefina P., a Mexican citizen in the United States illegally, employed defendant Acevedo to teach her to drive. On the fourth lesson Acevedo drove her to a lemon grove. There, she was practicing her driving, when Acevedo suddenly grabbed her and said, “I’m going to make you mine.” She became frightened and asked him to…