Hesslink

Charles W. Hesslink (defendant) was found guilty by a jury of forcible oral copulation (Pen. Code, § 288a, subd. (c), count 1); extortion (Pen. Code, § 518, count 2); and impersonating a police officer, a misdemeanor (Pen. Code, § 146a, count 3). As to several similar charges involving a different alleged victim the jury was unable to agree and a mistrial was declared. Defendant was sentenced to state prison for the lower base term of three years on count 1 and the lower base term of two years on count 2 to be served concurrently. On count 3 defendant was granted probation for a period of two years.

Defendant appeals contending: The conviction of extortion must be reversed because (1) it is not supported by the evidence and (2) the court erred in failing to deliver, sua sponte, an instruction on specific intent; the conviction of forcible oral copulation must be reversed because (1) the evidence does not show the commission of that crime and (2) in instructing on that crime the court included legal theories of liability not justified by the evidence; defendant’s motion for new trial on the ground of insufficiency of the evidence was erroneously denied as to the…