Bishop

Rodney Benjamin Bishop was convicted by a jury of forcible rape (Pen. Code, § 261, subds. (2) and (3)), and out of the presence of the jury he admitted three prior felony convictions. On appeal he contends: (1) it was error to permit use of his prior felony burglary conviction for impeachment purposes; (2) it was error to deny his requested instruction on voluntary intoxication as a defense; (3) the sustaining of the prosecution’s hearsay objections requires reversal; and (4) cumulative error was prejudicial even if singly each of the foregoing errors were not.

On the evening of January 28, 1981, Cheryl, Janice, Cindy and Mike went to a neighborhood bar where Cheryl met defendant. The two conversed as defendant played pool and she eventually gave him her telephone number. About 1 a.m., Cheryl, Cindy, defendant and one Billy Baker left in Cheryl’s car. They stopped at a market where defendant purchased a six-pack of beer and then proceeded to Mike’s residence where they met Janice, Mike and a third individual. The foursome left Mike’s, drove around for awhile and about 3 a.m., Cheryl decided she wanted to go home. Cindy and Baker were taken home, then defendant told…