Reese

Claude Lee Reese appeals from a judgment of conviction of one count of rape (Pen. Code,* § 261) and one count of first degree burglary (§ 459). He was sentenced to state prison for the middle term of six years for the rape. The burglary sentence was stayed pursuant to section 654. He contends receipt of evidence of a voice lineup violated his right to counsel at that lineup in violation of the Sixth and Fourteenth Amendments to the United States Constitution and article I, section 15 of the California Constitution, and that the trial court’s rejection of defense scientific evidence was based on reasons inconsistent with the evidence.

On August 28, 1979, Valerie was raped in her home. She saw only her assailant’s hand, which was black, but she heard his voice. The next morning she recalled the voice as being that of defendant Claude Lee Reese, a patient at a psychiatric board and care facility where she had worked. Reese was a patient between July 1977 and September 1978 for a period of one or two months before running away. Valerie had encountered him again at the hospital in June or July 1979.

On the afternoon of August 31, 1979, while the police were still looking for…