Stanley

Appellant Michael James Stanley was convicted, after jury trial, on a single count of forcible rape (Pen. Code, former § 261, subd. (2)), a felony, and of unauthorized entry of a dwelling (§ 602.5), a misdemeanor, as a lesser offense of a second charge, burglary. The jury also found, in a bifurcated proceeding, that Stanley was released on bail and on his own recognizance at the time of the rape and unauthorized entry within the meaning of section 12022.1. The court sentenced Stanley to a prison term of eight years on the rape conviction and enhanced the sentence by two years under section 12022.1. The court imposed a sentence of six months in jail on the unauthorized entry conviction but ordered that term discharged, as Stanley had already served more than six months in jail.

On appeal, Stanley’s principal claim of error is that the court erroneously precluded him from asking questions of the victim’s roommate designed to elicit testimony about Stanley’s prior relationship with the roommate. He claims the evidence would have supported a “reasonable belief in consent” defense recognized in People v. Mayberry (1975) 15 Cal.3d 143 [125 Cal.Rptr. 745, 542 P.2d 1337 ]. He…