Hagerman

An information filed February 16, 1983, charged defendant Robert Michael Hagerman with eight felony counts. He was charged with one count of forcible rape (Pen. Code, § 261, subd. (2)); four counts of forcible oral copulation (Pen. Code, § 288a, subd. (c)); one count of kidnaping (Pen. Code, § 207); one count of a lewd and lascivious act upon a child under 14 (Pen. Code, § 288, subd. (b)); and one count of sodomy by force with a child under 14 (Pen. Code, § 286, subd. (c)).

Defendant obtained new counsel after the preliminary hearing and filed a Penal Code section 995 motion to dismiss. He also requested the court to order a psychiatric examination of one of the sexual assault victims. The court, after a hearing, denied both motions.

Defendant’s jury trial began on May 9, 1983, and ended May 17, 1983. The jury found defendant guilty of all counts. After obtaining new counsel, defendant filed a motion for a new trial on October 31, 1983, based upon newly discovered evidence and a claim of ineffective assistance of counsel. After a hearing, the court denied the motion. Thereafter, defense counsel requested that defendant be allowed to enter a plea of not guilty by reason…