Dixon

Defendant Bobby Marion Dixon appeals following a bench court sane guilty attempted sexual battery (Pen. Code, §§ 243.4, subd. (a), 664); assault with intent to commit rape (§§ 220, 261, subd. (a)(2)); and misdemeanor false imprisonment (§ 236). On appeal, defendant contends (1) the trial court erred in finding him sane; (2) the evidence is insufficient to support the attempted sexual battery and the assault; "(3) the trial court erred in admitting evidence of prior crimes under Evidence Code sections 1101, 1108 and 352; (4) the conviction for attempted sexual battery must be reversed because it is a necessarily included offense of assault with intent to rape; and (5) the trial court committed sentencing error.

In the published portion of the opinion, we shall conclude the crime of • attempted sexual battery is not a lesser included offense of assault with intent to rape. In an unpublished portion of the opinion, we reject defendant’s other contentions of error, except that we shall modify the judgment to stay the concurrent term imposed for misdemeanor false imprisonment, pursuant to section 654. Except for the section 654 modification, we shall affirm the…