Cortez

On April 29, 1993, an information was filed in Stanislaus County Superior Court charging appellant with three counts of rape in violation of Penal Code section 261, subdivision (a)(4). Counts IV through VI charged appellant with, alternatively, having committed rape in violation of section 261, subdivision (a)(3). Appellant was also charged with the felony false imprisonment of both the rape victim and another person in violation of section 236, and resisting arrest in violation of section 148. During arraignment, appellant pleaded not guilty to all charges.

Jury selection commenced on June 21, 1993. Outside the presence of the prospective jurors, appellant objected to the introduction of numerous photographs of tiie victim, some of which depicted writings on her body, as well as any reference to the writings being gang graffiti. The court concluded the photographs were admissible but deferred ruling on the gang graffiti issue. The court did however, direct the parties to refrain from introducing testimony identifying the writings as gang names until such time as the court could hear further evidence followed by arguments from counsel. The jury was then selected and…