Patten

Defendant, Richard Ray Patten, was convicted following a jury trial of six counts of forcible rape (Pen. Code, § 261, subd. (2)) and two counts of oral copulation by force (Pen. Code, § 288a, subd. (c)), all involving the same victim. Defendant appeals, questioning both the use of support persons when the victim testified and the propriety of the procedure utilized by the trial court when it substituted an alternate juror during deliberations. Additionally, defendant claims the trial court committed errors in instructing the jury and in denying his motion for new trial. Our published discussion is limited to the issue of use of support persons under Penal Code section 868.5. We affirm.

Facts

On September 10, 1990, Kathy N. went to a lake picnic area for a barbecue. She stepped on a nail while she was there. When she got home, she cleaned her wound and put a bandage on it. That evening she stayed at home and watched television. She went to bed with her three-year-old daughter. Her 18-year-old daughter was in her own room watching television with her boyfriend. Her husband was out of town.

About 11:30 p.m. Kathy heard a knock on the door. She got up to answer the door.…