Sutton

Larry Leroy Sutton appeals from a judgment of conviction for

two counts of rape (Pen. Code, § 261, subd. (2)), two counts of forcible oral copulation (Pen. Code, § 288a, subd. (c)), and one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)). We reverse the judgment as to various sentence enhancements and remand the cause for resentencing.

The victim, Donna M., lived with her two children, aged 12 and 6. Just before midnight on October 5, 1982, Sutton telephoned Donna and asked if he could come over and “do a little toot.” Donna had known Sutton for about two and a half years, but had not seen him for a year or more. Donna gave Sutton directions to her house. When he arrived about 10 minutes later, she invited him inside and offered him a beer. They then snorted some amphetamine, brought by Sutton.

Sutton tried to kiss Donna, but she resisted. She testified that “the next thing I knew there is a knife at my throat, and he said he wanted to fuck me.” Donna said, “What are you doing? No.” Sutton grabbed her T-shirt, pulled it away from her neck, and cut the shirt with his knife. He fondled and kissed her breasts, and then forced her to perform fellatio.…