Gadson

I

Statement of the Case

Following a jury trial, defendant Thomas Ray Gadson was convicted of first degree burglary, two counts of robbery, forcible oral copulation in concert, forcible sodomy, two counts of forcible rape, and grand theft auto. The jury found true the enhancement allegations that the crimes were committed with use of a firearm. Sentenced to state prison, defendant appeals. His primary contention is that he was denied effective assistance of counsel at trial because his lawyer acquiesced to his request to call him and two other men as defense witnesses even though counsel believed their testimony would be perjurious. His secondary contention is that the trial court erred in finding Randi R., one of the two victims of his crime spree, to be unavailable to testify at trial and therefore allowing the introduction at trial of her testimony from the preliminary hearing. We reject both contentions and affirm.

II

Statement of Facts

The evidence presented at trial consisted of the following. Additional facts will be set forth as necessary to our discussion of the legal issues.

The Prosecution’s Case-in-chief

The crimes occurred during the evening of…