Duncan

Appellant, David Anderson Duncan, was charged by amended information with fifteen felony counts: four counts of sodomy in concert by means of force and violence in violation of Penal Code section 286, subdivision (d); eight counts of oral copulation in concert by means of force and violence in violation of section 288a, subdivision (d); one count of sodomy with a person under the age of fourteen by force and violence in violation of section 286, subdivision (c); and two counts of oral copulation by means of force and violence in violation of section 288a, subdivision (c). After jury trial, verdicts of guilty were returned as to all counts. Appellant was sentenced to state prison for a total term of 60 years. Appellant filed a timely notice of appeal.

Facts

At a party for his ninth birthday on July 23, 1983, Richard met a man .named David Kelly. A few days after the party, Richard started visiting Kelly at his home in Oildale at the insistence of Richard’s mother. Kelly took the boy swimming, camping, to bike races and to the Magic Mountain amusement park.

Sometime between Richard’s birthday and August 15, 1983, Richard went to Kelly’s residence. Kelly barbecued some…