Chapman

A jury convicted defendant of unlawful sexual intercourse (count one—Pen. Code, § 261.5 ) and assault by means of force likely to produce great bodily injury (count two—§ 245, subd. (a)), as charged in the third amended information. The verdict on the first count included the juiy’s recommendation that punishment be by imprisonment in state prison (§ 264). The same jury subsequently found that defendant was sane at the time each offense was committed. Sentenced to state prison for each offense (the sentences to be served consecutively), defendant appeals from the judgment.

Defendant does not question the sufficiency of the evidence to support the verdicts; hence at this point it is sufficient merely to note that the record contains substantial evidence of forcible rape, aggravated assault, and an attempt to kill the 17-year-old victim by submersion in a bathtub of water. We will proceed directly to defendant’s contentions on appeal, referring to specific factors of evidence where relevant in our discussion of his several contentions.

Statute of Limitations

The original information in this case was filed on May 5, 1971, and charged defendant under Penal Code section 261…