Lindsey

After a trial by jury, defendant Toney Lee Lindsey was found guilty of having committed violations of Penal Code section 288a, subdivision (c) (oral copulation by force—count I) and section 459 (burglary first degree—count II), with a finding, pursuant to section 461, that defendant with the intent to do so inflicted great bodily injury during the commission of the burglary. With respect to an October 5, 1976, offense, defendant was found guilty of violating section 459 (burglary first degree—count IV). Regarding a December 1, 1976, assault, defendant was found , guilty of violating section 261, subdivision 2 (rape resistance overcome by force—count V) and section 459 (burglary first degree— count VI) again with a finding under section 461 that defendant, with the requisite intent, inflicted great bodily injury during the commission of the burglary.

For purposes of sentencing, pursuant to the requirements of section 654, counts I and II were merged as were counts V and VI. The merged sentences were ordered to run consecutively to each other. The sentence under count IV was ordered to run concurrently with the sentences imposed on counts II and VI.

The following evidence…