Rance

By jury trial appellant was convicted of burglary, rape, sodomy, and oral copulation. Proceedings were suspended and he was committed to the Department of Health as a mentally disordered sex offender for a maximum of eight years.

After 10 p.m. on October 26, 1978, appellant gained entry to the apartment of Ruth S. by means of a ruse involving asking for a certain person and then asking to use the telephone directory and to make a phone call. Once inside, he forced her to engage in the sex acts involved.

For the purpose of proving a common scheme or plan, intent, motive, and identity, the prosecution introduced evidence of a similar offense against Martha H. on October 30, 1975. Appellant concedes the “extreme similarity” of the uncharged offense, and it is unnecessary to detail the numerous similarities here.

Additional evidence overwhelmingly establishing appellant’s guilt included Miss S.’s injuries, appellant’s fingerprints on the bottle of lubrication he used for the sex acts, and appellant’s flight and attempt to dispose of evidence when the police went to his home the next day to arrest him.

Contentions Concerning the Prior Incident

Conceding the extreme…