Whittington

—Defendant appeals from a judgment of conviction entered on a juiy verdict finding him guilty of rape accomplished by threats of great and immediate bodily harm (Pen. Code, § 261, subd. 3) and oral copulation (Pen. Code, § 288a). He contends that: 1) the trial court erred in the admission of evidence of a prior uncharged offense; 2) the trial court committed prejudicial error by instructing the juiy as to the effect of his failure to deny or explain the evidence against him; and 3) he was deprived of the effective aid of counsel. We have concluded that there is no merit to any of these contentions and that, for the reasons set forth below, the judgment must be affirmed.

As there are no contentions concerning the sufficiency of the evidence, a brief summary of the pertinent facts, viewed most strongly in favor of the judgment, will suffice. About 7 p.m. on Saturday, December 20, 1975, the victim, Ms. Sherman, a student, walked from her apartment at 1224 Leavenworth Street in San Francisco to 1817 California Street to attend a Christmas party at the residence of William Mabie. Ms. Sherman had never been to the Mabie residence before. While she was attempting to find the…