Perkins

In a four-count information filed on March 17, 1980, defendant Otis Perkins was charged with violations of Penal Code section 261, subdivision (2); Penal Code section 261, subdivision (3); Penal Code section 288, lewd conduct with a child under the age of 14; and Penal Code section 261.5, unlawful sexual intercourse. Two pri- or convictions were alleged, one for escape without force in violation of Penal Code section 4532, subdivision (a), and the other for assault with intent to commit a felony in violation of Penal Code section 220. On March 19, 1980, defendant pled not guilty and denied the prior convictions. Subsequently, on May 19, 1980, after being advised of his constitutional rights, defendant admitted the priors.

On May 12, 1980, defendant filed a motion pursuant to Evidence Code section 782 to introduce evidence of the victim’s sexual conduct for the purpose of attacking her credibility. This motion was denied without prejudice on May 20, 1980. Defendant also made a motion pursuant to Penal Code section 1118.1 regarding the Penal Code section 261, subdivisions (2) and (3) counts at the close of the People’s case, which was denied.

The jury on May 23, 1980,…