Stewart

Defendant, Charles W. Stewart, appeals from a judgment founded upon the jury’s verdict finding him guilty of oral copulation with a person under the age of 18 years (Pen. Code, § 288a, subd. (b)(1), count I) and attempted incest (Pen. Code, §§ 664, 285, count II).

Contentions

Defendant raises the following contentions on appeal:

Facts

On July 5, 1984, defendant asked his daughter Ms. S. to come down to the car in the garage of their home for her birthday present. After they entered the back seat of the car, defendant put his hand under Ms. S.’s shirt and fondled her breasts. He then fondled her vagina.

Ms. S. threatened to call the police. This angered defendant and therefore, at her mother’s request, Ms. S. apologized to him on July 7. On that same date defendant then asked her to get “ready” so that he could come into her bedroom. Since defendant had on other occasions directed Ms. S. to get “ready,” she understood that this meant she was to remove all her clothes and apply lotion and powder to her body. Ms. S. complied with defendant’s request. This took place at approximately 11 p.m.

Defendant entered Ms. S.’s bedroom about 20 minutes later. He removed his…