Frye

Charged with burglary in entering a home with intent to commit rape (Pen. Code, §,459), and with assault with intent to commit murder (Pen. Code, § 217), defendant was found guilty by a jury of first degree, burglary and assault with a deadly weapon (Pen. Code, § 245). He was sentenced to consecutive terms.

Represented at trial by the public defender, he filed notice of appeal in propria persona. We appointed counsel to represent him. Upon receiving counsel’s report that review of the record revealed no merit in the appeal, we relieved him of his assignment. We denied appellant’s request for further appointment of counsel, but granted his requests for augmentation of the record. He filed both opening and closing briefs, and we have reviewed them, as well as the full record on appeal, in detail.

There is testimony that: The victim, a widow, was awakened in the early hours of the morning by a man holding his hand over her mouth and repeating “be quiet.” He pulled back the bedcovers. She struggled. He straddled her. As he held her left arm under one knee, he moved a knife toward her. She freed her left hand and warded off the knife thrust, suffering severe cuts which later required…