Villa

Convicted of separate charges of rape (Pen. Code, § 261, subds. 2, 3), oral copulation (§ 288a, subd. (c)), robbery (§ 211), burglary (§ 459), of having used a dangerous or deadly weapon (§ 12022, subd. (b)), and inflicting great bodily injury (§§ 12022.7, 12022.8) in the commission of those offenses, defendant appeals contending denial of his motions to stipulate the victim suffered great bodily injury, and to suppress evidence (§ 1538.5) requires reversal of the convictions. He is wrong.

Ms. Anna F., aged 65, who lived alone, was accosted in her backyard by an assailant who had been hiding beneath a bush.

A vicious struggle ensued during which Anna was violently punched in the face and body. Defendant brandished a pair of scissors and told her “‘Don’t holler ‘cuz I’m going to kill you.’” However, the victim managed to hit defendant and scratch his face and neck. Defendant finally overpowered Anna, forced her into the garage where he raped her and forced her to orally copulate him. She was then forced to crawl back into her house where he robbed her of $38 in bills, plus some small change. While in the house Anna continued to struggle with the culprit and eventually…