People v. Toomalatai CA2/5

INTRODUCTION

Defendant and appellant John Toomalatai (defendant) was convicted of three counts of forcible oral copulation (Pen. Code, § 288a, subd. (c)(2)1), two counts of sexual penetration by a foreign object (§ 289, subd. (a)(2)), and one count of forcible rape (§ 261, subd. (a)(2)). On appeal, defendant contends that the trial court erred when it did not suspend the trial when he claimed incapacity. We affirm the judgment.

BACKGROUND

A. Factual Background2 The victim, A.M., testified that she agreed to drive with defendant from a gambling casino and that while in the car, defendant forced her to engage in sex, and, against her will, forcibly engaged in other sex acts with her. A.M. underwent a sexual assault examination. The nurse practitioner believed that certain injuries to A.M. were consistent with a sexual assault. DNA extracted from A.M.’s sexual response forensic kit matched the DNA obtained from defendant. Defendant testified that the sex was consensual.

B. Procedural Background Following trial, the jury found defendant guilty of three counts of forcible oral copulation in violation of section 288a, subdivision (c)(2) (counts 6, 8 and 9), two counts of…