Avila

Defendant Luis Ledesma Avila was found guilty at a court trial of six counts of sodomy against two victims and received 14 years in state prison. On appeal, he challenges the constitutionality of Penal Code section 286, subdivision (i), 1 sodomy by use of drugs, and the sufficiency of the evidence to support conviction.

Facts

On separate occasions on February 1, 1998, and April 10, 1998, appellant, who was known as a “curandero,” that is, “a person who heals, who cures *794 witch diseases,” was asked to “cleanse” two 14-year-old boys. The mother of John Doe I thought evil spirits had entered him because he had been playing with a Ouija board. 2 John Doe II was “ill from his chest.”

In each case, appellant said the boy would have to stay overnight. After the parents left, appellant gave each boy a pill which made them dizzy. He gave John Doe I a drink with a blue pill (identified at trial as Benadryl) and later an orange pill (identified as Ambien). Appellant gave John Doe II a drink with a white or pinkish pill in it (which looked like Ambien) and a cup of water with a white powder in it. When each boy awoke sometime later, appellant was putting his penis in the…