Stuller

Convicted by jury of forcible rape of a 19-year-old girl (Pen. Code, § 261, subd. 3) and oral copulation of a 14-year-old child (Pen. Code, § 288 a), defendant’s application for probation was denied, and he was sentenced to concurrent terms in state prison.

About midnight on January 11, 1969, the defendant knocked on the front door of the 14-year-old copulation victim’s Palm Springs residence and asked for her parents. The girl (Heidi) did not open the door, but merely looked through the “peekhole” or aperture in the door. She informed the defendant that her parents were not in and inquired if he wanted to leave a message. Defendant said, “No,” gave a fictitious name, and left. The girl went to bed around 1 a.m. and was awakened somewhat later by the defendant. He pointed a gun at her, told her to be quiet, and ordered her into the kitchen. While still holding the gun on her, he committed several indecent acts, including an act of oral copulation. After completing the aforesaid indignities, defendant told the girl that he was going to rape her. She broke free, ran next door, and reported the incident to a neighbor. Heidi made an in-court identification of the defendant…