Castillo

Defendant Daniel Ray Castillo appeals from a judgment of conviction entered upon jury verdicts finding him guilty of forcible rape (Pen. Code, § 261, subd. (2)), penetration by a foreign object (§ 289, subd. (a)), and upon a finding that he came within the provisions of sections 667 and 667.5 by virtue of having been convicted previously of a serious felony (§ 288a). The primary contentions on appeal concern (a) the sufficiency of the evidence to support the conviction of penetration by a foreign object; (b) the exclusion of evidence showing that defendant is mildly retarded which was offered as evidence of a reasonable good faith belief that the victim had consented to the sexual acts; (c) the trial court’s failure to instruct on that defense sua sponte with respect to the charge of penetration by a foreign object; and (d) the imposition of full consecutive sentences. Finding no reversible error we affirm.

The Evidence

On the night of July 30, 1984, defendant and William Evans visited Evan’s girlfriend, Hisa, at her home in Napa. Evans had introduced defendant to Hisa on a previous occasion.

During the course of the evening Hisa and Evans consumed some rum. Evans…