Lesara

Appellant, Jose Anthony Lesara, was charged by amended information with rape “by means of force or fear of immediate unlawful bodily injury” in violation of Penal Code section 261, subdivision (l) (count I); sodomy by “force, violence, duress, menace and fear of immediate and unlawful bodily injury” in violation of section 286, subdivision (c) (count II); oral copulation by “force, violence, duress, menace and fear of immediate and unlawful bodily injury” in violation of section 288a, subdivision (c) (count III); assault by means of force likely to cause great bodily injury in violation of section 245.2 (count IV); the unlawful taking or driving of a 1982 GMC truck in violation of Vehicle Code section 10851 (count V); and attempting to unlawfully take or drive a red 1969 Toyota sedan in violation of section 664 and Vehicle Code section 10851 (count VI). In addition, an enhancement pursuant to section 12022.8 was alleged as to counts I, II and III while section 12022.7 was alleged as to count IV.

A jury trial commenced on August 20, 1984. A motion to suppress statements made by the accused was denied. A defense motion pursuant to section 1118.1 to dismiss the section…