Armenta

After a court trial defendant was convicted of forcible rape (Pen. Code, § 261, subd. 3) and first degree burglary (Pen. Code, § 459). Following a 90-day period of observation pursuant to section 1203.3 of the Penal Code, probation was denied and defendant was sentenced to prison. He appeals.

Facts

In the early morning hours of August 30, 1970, the victim, Mrs. A., was asleep, as usual, on her living room floor. She was awakened by defendant who was armed with a knife and wore a nylon stocking which covered his face down to about the bridge of his nose. Defendant hit her with a closed fist and threatened to stab her. On defendant’s orders and pleading for her life and the life of her children, Mrs. A. removed some of her clothes and an act of intercourse ensued. 1 After the act of intercourse there followed a struggle between defendant and Mrs. A. for the possession of the knife. Defendant finally wrested it from her and, after a threat, left. Mrs. A. then found a watermelon seed on her living room floor. It looked old. The screen on the back porch had been cut. Defendant had lived next to Mrs. A. for three years, and their families got along reasonably well. On August…