Fitch

Defendant was convicted by jury of forcible rape (Pen. Code, § 261, subd. (a)(2)) and the jury found true the allegation that defendant had two serious felony convictions (Pen. Code, § 667, subds. (a), (b)-(i)). Sentenced to an indeterminate sentence of 25 years to life and a determinate sentence of 10 years, defendant appeals.

In the published portion of this opinion we reject defendant’s constitutional challenge to Evidence Code section 1108, which permits, in a criminal action for a sex offense, the admission of evidence of the defendant’s commission of another sex offense, subject only to the restrictions of Evidence Code section 352. In the unpublished portion of this opinion, we reject defendant’s contentions as to his sentence and the reasonable doubt instruction.

Factual and Procedural Background

Angelica L., was 18 years old and lived with her child and her sister and her sister’s two children in an apartment in Sacramento. She met defendant at her apartment complex. He asked her out, to go to the fair, and she said yes. She had not been out in a long time and wanted to get away from the children.

They left at 9:45 or 10 at night and made several stops.…