Frausto

Appellant Isaías Frausto pled guilty to a violation of Penal Code section 264.1, rape while acting in concert. He appeals from an order requiring him to undergo AIDS testing pursuant to section 1202.1 of the Penal Code, arguing that section 264.1 is not specifically listed in section 1202.1 as one of the offenses on which an order for compulsory AIDS testing can be based. We hold that a violation of section 264.1 can form the basis for an AIDS test where, as here, the section 264.1 violation derives from the defendant’s personal participation in the rape. Accordingly, we affirm the trial court’s order.

I

Appellant and codefendant, Ricardo Frausto, picked up a young woman under the pretext of giving her a ride, drove her to a deserted area, and forced her to engage in various sexual acts. At the preliminary hearing, the victim specifically testified to having been penetrated by appellant. Ricardo Frausto was unable to achieve an erection, but, according to the victim’s testimony, he forced her to orally copulate him and penetrated her with his fingers.

Appellant and Ricardo Frausto were charged with rape while acting in concert, assault with intent to commit rape,…