Covino

Robert Henry Covino was charged by information with (count I) assault with intent to commit murder (Pen. Code, § 217), (count II) assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)), and (count III) assault with intent to commit a felony (Pen. Code, § 221), to wit: forcible oral copulation (Pen. Code, § 288a, subd. (c)), upon Shannon M., a 23-year-old woman.

Trial was by jury which found appellant guilty of counts II and III. A mistrial was declared as to count I, the jury being unable to agree, and it was ultimately dismissed.

Appellant was sentenced to an aggravated term of four years on count II and an aggravated term of three years on count III; the execution of the latter term was stayed.

The evidence showed that appellant, late at night, picked up Shannon in his automobile and drove her to a secluded but well lighted area. There he proposed that she orally copulate him, but she refused. He threatened to kill her unless she agreed to perform the act and began to strangle her. She tried to dissuade appellant and fought him. Suddenly he released her. Sheriff’s deputies had noticed appellant’s headlights and stopped to…