Romero

Benjamin Diego Romero appeals from a conviction of rape by force (Pen. Code, § 261, subd. (2)) and oral copulation by force (§ 288a, subd. (c)).

The complaining witness, Mrs. M., testified that she left her boyfriend’s home in Pittsburg about 9:30 p.m. on August 10, 1981. She had only driven a few miles toward her home in Pacheco when the car “popped out of gear.” The transmission would not reengage and Mrs. M.’s car coasted to a stop about 50 feet from the Railroad exit on Highway 4. The car came to rest on the side of the road with part of one rear fender extending over the fog line into the traffic. It was a Sunday night and the traffic was heavy; the passing traffic had to swerve to avoid hitting her car. Mrs. M. sat in her car, smoking, and waiting for a highway patrolman to drive by.

She had been waiting for two hours when two men drove up in a truck. The driver got out of the truck and walked over to her car. Mrs. M. remained seated in her locked car but rolled down the window enough that they could talk. The man, whom Mrs. M. identified as appellant, pointed out that her car should be moved off the freeway because it posed a traffic hazard. He offered to go get…