Wheeler

Defendant appeals from judgment entered upon a jury verdict finding him guilty of aiding and abetting, with the use of force and violence, the commission of a rape (Pen. Code, §§ 261, subd. 3, and 264.1). ,

The evidence produced by the People showed that defendant and his companion, Lawrence Williams, approached the victim as she was sitting beside a stream running through Bidwell Park in Chico. Behind her was a steep dirt embankment; After some casual conversation, the victim sought to leave. Defendant stood four to five inches from her on one side and his companion the same distance on the other, thus effectively preventing her departure from the area. Williams made sexual advances which the victim resisted. She was ordered by Williams to “take off [her] clothes” but did not comply. Williams forcibly removed her halter top; both men fondled her breasts, repeatedly warning her to remain quiet.

Williams and defendant, over the victim’s resistance, forcibly removed the rest of her clothing. She remained on her feet continuing to resist their advances, until Williams threatened to punch her in the mouth and to remove her to a more remote part of the park. At that point…