Alfaro

Nature of Case:

After trial by jury, defendants David Alfaro and Rita Vasquez were found guilty of the crimes of forcible rape (Pen. Code, § 261, subd. 2) and assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a).) Defendants appeal from the judgment of conviction.

The evidence in the light most favorable to the People as the prevailing party (People v. Reilly, 3 Cal.3d 421, 425 [ 90 Cal.Rptr. 417 , 475 P.2d 649 ]) shows the following: On March 31, 1974, Licia, the 16-year-old victim, was at the apartment of Rachel, having stayed overnight. Later that same , day Licia accompanied Rachel to the apartment of appellant Vasquez. Vasquez and several other people including Placencia and appellant Alfaro were there. Soon after arrival, Licia was left in the apartment alone because her friend Rachel fled after she and Licia were surrounded by a group of people at Vasquez’s apartment. The group of people went from the Vasquez apartment to Alfaro’s apartment. There, several of the group asked Licia if she wanted to be a member of the gang (known as Clover) to which they belonged. She refused and then the beating began. Appellant Alfaro…