Vallez

Defendant was charged with burglary, rape and oral copulation. His motions to dismiss the information and to suppress evidence were denied. After a jury trial, defendant was found guilty of all three counts and was sentenced to state prison. We have reviewed the contentions made on appeal and we affirm the judgment.

After retiring to bed about 11 p.m. on December 1, 1975, Robert K. was awakened by a man pinning his arms back. The intruder said he had a knife and pressed a metal object against Mr. K.’s neck. He asked for money and was told the only cash was in Mr. K.’s wallet. The intruder then tore a pillowcase into strips, tied and blindfolded Mr. K., and pulled him to the floor.

Mrs. K. awoke during the commotion, and her experiences with the intruder were far more damaging. After blindfolding her and threatening her with a knife, the intruder proceeded to rape her, orally copulate her, and force her to orally copulate him. Afterwards he tied her with strips from the torn pillowcase.

While the assailant was tying up Mrs. K., her son, Steve, arrived home in his truck. Upon learning of Steve’s arrival, the intruder turned off the bedroom lights (which he had turned on…