Light

A jury convicted the defendant, Louis Light, Jr., as charged in counts 1 and 2 with rape (Pen. Code, § 261, subd. (a)(2)), in count 3 with genital penetration (§ 289, subd. (a)), in count 4 with sexual battery (§ 243.4, subd. (a)), in count 5 with second degree burglary (§ 460, subd. (b)), and in count 6 with second degree robbery (§ 212.5, subd. (b)). The jury also found defendant used a deadly weapon, a “club,” in the commission of the four sex offenses (§§ 12022.2, subd. (a), 12022, subd. (b)) and he inflicted great bodily injury in the commission of the two rapes (§ 12022.8). The court sentenced him to an aggregate term of 52 years in state prison.

On appeal Light contends the trial court committed several instructional errors. He also challenges the sufficiency of the evidence to support the weapon use enhancements.

Facts

At approximately 11:30 on the morning of November 8, 1994, Donna H. received a telephone call at her real estate office about a vacant house she had listed for sale in Bakersfield. The caller, a man, said he recently had been transferred to the area and had been referred to her by a coworker named Smith. Donna, who had a client by that name,…