Leffel

Introduction

Defendant, Daniel Leffel, appeals following a jury trial in which he was found guilty of committing an assault with the intent to commit sodomy. At his sentencing hearing he requested a continuance because he had only one day to review the probation report. The motion was denied and he was sentenced to prison for the upper term of six years.

Facts

Defendant had known Jason A., who was 15 years old, for about one and one-half weeks when he called him and said he had a job for him in Mariposa. Jason was a troubled teenager with drug and alcohol problems. Jason and defendant left Modesto on defendant’s motorcycle and drove to Mariposa, purchasing wine on the way.

They arrived in Mariposa around midnight and went to a hostel to stay. Defendant and Jason drank some wine. Mr. Terkildsen, the owner of the hostel, told them he would be leaving about 8 a.m. the next day to go to work.

The next day Jason got up, drank eight glasses of wine and took a shower. The defendant and Jason were in the room with the beds when defendant asked Jason, “Have you ever made love to a man before?” Jason replied, “No.” Defendant then said, “Would you like to try it?” Jason said,…