Caldwell

The Case

Defendant was charged by information with sodomy in concert and by force (Pen. Code, § 286, subd. (d)), oral copulation in concert and by force (§ 288a, subd. (d)), penetration of the vagina with a foreign object by force (§ 289), and mayhem (§ 203). Defendant pleaded not guilty and not guilty by reason of insanity.

The jury found defendant guilty as charged except that he did not act in concert in committing forcible oral copulation. The court, sitting without a jury, found defendant sane at the time of the offenses. The court then sentenced defendant to 23 years in state prison. Defendant filed a timely notice of appeal from the judgment.

On appeal defendant contends the trial court committed prejudicial instructional and sentencing errors. Additionally, he argues insufficient evidence was presented to sustain the convictions of sodomy in concert and mayhem. We reject all of defendant’s contentions for the reasons we shall state.

The Facts

In April 1981, Ronda M., the victim in this case, was 25 years old and living in an apartment with her mother. Despite her chronological age, Ronda had completed only the 10th grade and had the social development of a…