Cowger

A jury found defendant guilty of one count each of burglary (Pen. Code, § 459) and assault with intent to commit rape (Pen. Code, § 220). Found to be true was an allegation that defendant had suffered a prior conviction for burglary. Defendant, who was sentenced to state prison, appeals from the judgment of conviction. He contends (1) the victim’s in-field identification of him was impermissibly suggestive, and (2) an instruction on flight should not have been given. We affirm the judgment.

Facts

Prosecution’s Case

Sometime after midnight on August 5, 1985, 16-year-old Jamie T. returned to her Lakewood home after an outing to Disneyland. The only other person at the house at that time was Michael Williams, a family friend, who was asleep on a couch in the family room. Jamie went to sleep in her mother’s bedroom. She was wearing long pants and a T-shirt. The lighting in the room was “fairly good.” She was awakened by defendant’s presence next to her in bed. Defendant was trying to pull off her shirt. A struggle ensued. When Jamie screamed for Williams, defendant hit her in the face. Uttering an obscenity, he told her: “You shouldn’t have done that. Now I’m going to kill…