Shea

A jury convicted appellant of forcible rape (Pen. Code, §261, subd. (a)(2); count II), forcible sodomy (§286, subd. (c); count V), and forcible oral copulation (§ 288a, subd. (c); count IX). The trial court found true four felony conviction allegations (§§ 667, former subd. (a), 667.6, former subd. (a)) and imposed a 35-year state prison sentence.

Appellant contends his trial counsel was ineffective, evidence was improperly admitted, there was instructional error, and of the three “priors” enhancements, one was improperly imposed.

Respondent contends appellant should receive 518, not 519, days of custody credits.

We reject appellant’s contentions, decline to consider respondent’s contention, and affirm the judgment.

Factual Background

There being no insufficiency of evidence claim, the facts may be stated simply. Our perspective favors the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].)

In July 1993 the victim, Victoria V., was at the beach with her two young children and a young cousin, when appellant approached, sat down next to her, and started a conversation.

A few days later on July 16, they had a date.…