Thomas

After entering pleas of not guilty and not guilty by reason of insanity, defendant Elijah Quincey Thomas was convicted by a jury of rape (Pen. Code, § 261, subd. (a)(2); unspecified section references that follow are to the Penal Code), kidnapping to commit rape (§ 209, subd. (b)(1)), and two counts of robbery (§211). In the sanity phase of the proceedings, the jury found defendant sane at the time of the offenses. Sentenced under the three strikes law to an aggregate determinate term of 34 years plus an indeterminate term of 50 years to fife, defendant appeals claiming various instructional errors during the sanity phase. We find no error and affirm the judgment.

Facts and Proceedings

At approximately 4:00 or 4:30 a.m. on December 19, 2001, 14-year-old Roberta C. left her cousin’s apartment on Riza Avenue in Sacramento to walk home. She headed down Stockton Boulevard for a while but then decided it was too late and too far to go and turned around to retrace her steps.

On the way back, Roberta saw defendant coming from a motel. She started walking faster, and defendant followed suit. Roberta began running, and defendant yelled at her to stop. Defendant caught up with…