Cruz

Roman Ramos Cruz appeals from conviction for forcible rape, forcible sodomy, and forcible penetration with a foreign object. He claims that the misadministration of the jury oath rendered the verdict reversible per se. In the published portion of this opinion, we find no reversible error with respect to this issue. He also claims that the trial court erred in failing to instruct the jury sua sponte regarding voluntary intoxication. In the unpublished portion of this opinion, we find no reversible error on this issue. We affirm the judgment.

Factual and Procedural Summary

Emma P. is a professor and doctoral student at the University of Guadalajara. Early in August 1999, she was in Los Angeles doing research on immigrants from Auguascalientes, Mexico. She was staying in a hotel in the City of Lawndale, along with fellow researchers.

*71 Around midnight on the evening of August 5-6, Ms. P. decided to leave her hotel room to get a soft drink from the hotel vending machine, but could not get the machine to accept the dollar bill she was using. She left the hotel to buy the drink at a nearby gas station. Once there, she bought a soft drink and also asked for a beer. Because…