Goodson

Defendant appeals from the judgment entered following a jury trial that resulted in his conviction for oral copulation (Pen. Code, § 288a) and kidnaping (Pen. Code, § 207). He was sentenced to state prison for the term prescribed by law. He contends: “I. Testimony concerning the prior uncharged sexual assault upon Muhtadi [S.] was erroneously admitted into evidence. II. The trial court abused its discretion in denying appellant’s application for probation. III. The trial court erred in failing to state reasons for denying appellant’s application for probation.”

Viewed in the light most favorable to the judgment the evidence established that on September 19, 1974, at 9:30 p.m. Virginia D. received a phone call from appellant who stated that he had been given her number by a mutual friend and wished to see her. She gave him her address and, because her car was inoperable, asked him to drive her to the USC Medical Center where she was employed as a nurse’s assistant on the shift beginning at 11 p.m. Appellant arrived shortly thereafter introducing himself as “Jackie” and Ms. D. entered the car carrying her uniform in a bag.

The two drove to a restaurant at Ms. D.’s…