Everett

Bruce Maynard Everett appeals from the denial of his motion for a new trial (Pen. Code, § 1181, subd. 9) and a sentence to the upper term of eight years for forcible rape (Pen. Code, §261, subd. (2)), plus a consecutive three-year enhancement for use of a weapon (Pen. Code, § 12022.3, subd. (a)).

I

Everett and his wife separated in September of 1981. On the afternoon of September 13, he called Anita D., whom he had met at church in 1977, with the news of his separation. He had not had any contact with Anita for approximately a year. At the end of the conversation, he told her he would get in touch with her again the following week.

At 2 a.m. the next morning, Anita was awakened by her doorbell. She opened the door to find Everett, who complained he was ill and his truck had broken down. Anita agreed to drive him home and make sure he was safely in bed.

After arriving home, Everett walked into his bedroom, continuing to complain he was ill. Anita followed. Everett closed the bedroom door behind her, reached under a pile of clothing on the floor, and pulled out a handgun. He pointed it at her, ordering her to remove her clothing. When she refused, he pushed her onto the…