Thompson

This is an appeal from a judgment rendered after a jury trial at which defendant was found guilty of violation of Penal Code section 273.5, (corporal injury to spouse resulting in a traumatic condition).

Appellant, Kenneth Thompson, was charged in a four-count information with forcible sodomy (§ 286, subd. (c)), forcible oral copulation (§ 288a, subd. (c)), spousal rape (§ 262, subd. (a)), and infliction of corporal injury on spouse (§ 273.5) during the period January 1, 1981 to January 21, 1981.

During trial the court granted the prosecution’s motions to dismiss the charges of forcible sodomy, oral copulation and spousal rape.

Criminal proceedings were suspended when appellant was found incompetent pursuant to section 1368; when he was returned to court as competent the court suspended imposition of sentence and placed him on probation for three years, one condition being that he live in a board and care facility and obey the rules of the house. He appeals that judgment and for the reasons which follow, we affirm.

In the fall of 1980 the Thompsons were married.

On December 31 of that year, appellant arranged for his wife, Evelyn, to undergo a sexual assault…