Brown

Lacy Brown (defendant) appeals from a judgment imposing sentence for the crime of forcible rape, of which he was found guilty by a jury. Imposition of sentence for the crime of incest, of which he was also found guilty in the same trial, was suspended for a period of five years. Both crimes were committed by the same act.

Defendant contends he may not be convicted of both crimes. The law is otherwise. Defendant may not be sentenced for both crimes, since that would violate section 654 Penal Code. But neither offense is one necessarily included in the other under their definitions, and the charging language of the information as to neither count includes the elements of both offenses, so that the rule of People v. Marshall, 48 Cal.2d 394 [ 309 P.2d 456 ], does not apply.

Defendant’s other contentions are based upon the entry by the police into the house, and into defendant’s bedroom, without an arrest or search warrant and without having complied with the requirements of Penal Code section 844. Defendant made a motion to suppress all evidence that flowed from the entry of the police into the bedroom, which was heard on the trial date before a jury was selected and which…