Sanchez

Defendant Edward Martin Sanchez pleaded not guilty by reason of insanity to an information charging him with rape (Pen. Code, *66 § 261, subd. (3)), oral copulation (Pen. Code, § 288a, subd. (c)), and with a deadly weapon allegation for use of a broken bottle (Pen. Code, § 12022.3, subd. (a)), in each count. It was also alleged Sanchez had suffered convictions and prison terms on four occasions. Sanchez admitted the first three priors; the allegation of the fourth was dismissed.

A jury trial found Sanchez guilty on all counts and the enhancements as charged. On trial of the sanity issue, the jury found Sanchez sane. Sanchez was sentenced to a prison term for a total of fourteen years, eight years as the upper term for rape, three years for weapons use enhancement and three years for the second prior. The middle term of six years was assessed for the oral copulation and ordered to run concurrently. Sanchez appeals contending multiple errors by the trial court resulted in denial of a fair trial.

Facts

Victim Deborah B. was four and a half months pregnant. She awoke about sunrise and went for a walk on Imperial Beach. As she headed towards a restroom, she saw two people,…