Clem

Defendant is appealing his conviction by a jury of five counts of rape by force and threat (Pen. Code, § 261, subds. 2, & 3), as well as misdemeanor assault (Pen. Code, § 240), misdemeanor petty theft (Pen. Code, §§ 484-488), and false imprisonment (Pen. Code, § 236).

Upon finding the defendant to be a mentally disordered sex offender, the court committed him to a state hospital for a period not to exceed the maximum for which he could be confined pursuant to Welfare and Institutions Code, section 6316.1, subdivision (a), a period of eleven years and four months.

The victim in this case, Ms. B., was first approached by the defendant at a bar, shortly after midnight, while she was waiting for a pool table to open up. Defendant initially contacted Ms. B. by claiming that he knew her, but she denied knowing the defendant. Ms. B. testified that although she responded to the defendant’s questions as they were asked, she had no desire for further conversation or contact with the defendant. Defendant asked her to guess his age, which she correctly guessed to be 23. When asked how she knew, she replied that he looked like a “nice young kid.” Being referred to as a kid…