Rodriguez

A jury found Arthur Hector Rodriguez guilty of three counts of forcible rape (Pen. Code, § 261, subd. (a)(2)) and two counts of forcible genital penetration by a foreign object (id., § 289, subd. (a)), and he was sentenced to prison. On appeal Rodriguez contends that the trial court erred to his prejudice by failing to instruct on its own motion on the defense of reasonable and bona fide belief that the victim had consented and by permitting use of his prior felony conviction of spousal battery to impeach his testimony, that the prosecutor improperly referred to facts outside the record in summation, and that at sentencing the trial court erroneously failed to take his alcoholism into account as a circumstance in mitigation of sentence. We find no reversible error and therefore shall affirm the judgment.

Only our analysis of use of Rodriguez’s prior felony conviction to impeach him meets the criteria for publication of Court of Appeal opinions. (Cal. Rules of Court, rule 976(b).) Because our statement of the facts of the offense is not relevant to that analysis we shall not certify it for publication.

2. Use of Prior Felony Conviction to Impeach

Rodriguez had suffered…