Newton

In this case before us defendant was charged with committing on February 26, 1976, the felony offense of rape in violation of Penal Code section 261, subdivision (3). It was alleged in the information that defendant had suffered two prior felony convictions: a 1967 conviction of the crime of robbery (Pen. Code, § 211) and a 1972 conviction of a violation of Health and Safety Code section 11531. Defendant entered pleas of not guilty. Several pretrial motions were made and denied: a Ballard motion; a motion to dismiss the information pursuant to Penal Code section 995; a Wade-Gilbert motion; a Rist and Beagle motion; and a motion to suppress evidence pursuant to Penal Code section 1538.5.

Trial was by jury. Defendant’s motion for a judgment of acquittal, made pursuant to Penal Code section 1118.1 was denied. The jury found defendant guilty of rape as charged and he was sentenced to state prison. Defendant has appealed from the judgment of conviction.

In seeking a reversal of the judgment of conviction, defendant contends that the trial court erred (1) in not granting his Rist and Beagle motion to exclude his 1967 robbery conviction for use to attack his credibility as a…