Haynes

Ulman Lynn Haynes appeals from the judgment entered following his conviction by jury of rape (Pen. Code, § 261, subd. (2); count II), oral copulation (Pen. Code, § 288a, subd. (c); count III), and sodomy (Pen. Code, § 286, subd. (c); count IV). He contends: “As this was a close case in which there was no prosecution evidence that appellant failed to explain or deny, delivery of CALJIC No. 2.62 constituted prejudicial error.”

Considered in accordance with the usual standard governing appellate review (People v. Johnson (1980) 26 Cal.3d 557 [ 162 Cal.Rptr. 431 , 606 P.2d 738 ], the evidence introduced in support of the instant judgment was abundantly sufficient to establish that on April 10, 1981, appellant, after displaying a knife, coerced a 17-year-old high school girl to accompany him into a motel room where he forced her to orally copulate him prior to raping and sodomizing her. When she was able to extricate herself she immediately reported the incident to the police. Appellant confirmed virtually the entirety of the girl’s story except that he asserted she had eagerly accepted his invitations without the need to display any weapons and he, being unaware of her true…